On Improving The Standard Of Plaintiff Qualification In Administrative Litigation In China

In the administrative proceedings, who is eligible to the court, is the administrative proceedings must first be solved. It is not only with the rights of citizens to protect and monitor the executive administration according to law whether the subject has a direct relationship, but also determines the behavior of judicial supervision of administrative scope of the subject, the decision by the administrative body of the individual or organization the right to appeal against the scope, but also related to the entire litigation process can be carried out smoothly. Administrative Litigation of the problem has been found in the judicial practice are quite controversial, China’s Administrative Litigation qualification standard is not just a theoretical problem, it is a matter of practice, practice is the administrative proceedings must first be resolved. And this problem after it arises is constantly being improved. In determining eligibility prosecution, on the one hand, to fully protect the rights of appeal and the right to appeal through the protection of the parties to obtain physical relief; On the other hand, to prevent the abuse of the right to appeal that abusive lawsuits. In this paper, for China’s existing laws, regulations and administrative proceedings for judicial interpretation of the provisions of the plaintiff qualification analyzed by studying administrative law theory and practice administrative trial court on administrative litigation plaintiff qualification standard form of subjectivism, objectivism, subjective and objective, said three perspectives, and the United States, Britain, Germany, France, Japan, administrative Law administrative Litigation qualification standards for analysis, research, summed up China’s administrative Litigation qualification standard situation and the existing deficiencies. Exist for these deficiencies, a combination of administrative litigation practice cases, from six aspects to explore how to improve our administrative litigation plaintiff qualification standards, and work practices put forward a sound administrative trial Plaintiff in Administrative Litigation qualification standard seven aspects need to be considered factor. Through the plaintiff qualification to study how to improve standards in order to fully safeguard the legitimate rights and interests, but also to monitor the executive administration according to law, the illegal administrative acts corrected and norms, maintaining the smooth development of the rule of law.