Standard Of Administrative Litigation Identified

The plaintiff qualification in administrative litigation, administrative proceedings is to start the foundation, also is the foundation of theory of the administrative litigation law, involves who qualify or ability will be related to the administrative organs of administrative dispute to a court ruling. The standards of the research not only helps to improve the theory, more help to judicial practice. But for a long time, academic research on administrative litigation plaintiff qualification standards, for the law in the judicial practice of "legitimate rights and interests" standard is difficult to operate. Starting from China’s national conditions, this paper in reference on the basis of predecessors’ research results, through the analysis of the concept of plaintiff qualification, to precipitate the connotation of the plaintiff qualification, which include both belong to the people and things factors; Through the elaboration of the plaintiff qualification, nature, function and the prosecution conditions, accepts the conditions and status of the plaintiff related concepts, to deepen the comprehensive understanding of the plaintiff qualification:By Britain, the United States, France, Japan, Germany and China on the provisions of the administrative litigation plaintiff qualification standard of the development process of elaboration, applies the method of comparative analysis and historical analysis, objectively analyzes the administrative lawsuit plaintiff qualification standard of all countries, and concludes that our country administrative proceedings the plaintiff qualification standard constraints, mainly include:civil litigation the plaintiff system, administrative litigation purpose, the development trend of modern executive power and the scope of accepting cases in administrative litigation. On this basis, through the personal factor;segmentation and belong to the lawful rights and interests of range factor: expand the scope of accepting cases in administrative litigation from two aspects to improve the standard of administrative litigation plaintiffs qualification. Whole paper stick to treatment in terms of the development of the administrative litigation plaintiff qualification standards, this is also with the current level of administrative law and civil rights awareness gradually strengthened gradually adapt to the big background of.