The Administrative Litigation Plaintiff As The Definition Of "Legal Interested"

The plaintiff qualification in administrative litigation, whether in the theory field of our country or in the judicial practice field, has always been a hot problem. Around this problem, scholars launched a lot of argument, point of each are not identical, and even different style. Even some scholars pointed out that "the plaintiff qualification in administrative litigation to determine the problem is a worldwide difficult problem." In general sense, the law is clear about the plaintiff qualification problem, but when this problem combined with a specific case, will generate controversy whether the plaintiff eligibility, coupled with detailed and complex litigation request, will naturally have the plaintiff qualification definition debate. What is the plaintiff qualification of connotation and denotation, how to define the administrative proceedings plaintiff qualifications become we must first solve the problem. Era in the development, the process of democratic legal system in our country, which is associated with the continuous improvement of the rule of law, expand the administrative proceedings plaintiff qualifications defined standards, giving more citizens to judicial relief has become a consensus of numerous scholars and legal practitioners, throughout the development course of plaintiff qualification, we can see clearly that "to the plaintiff qualification judgement standard of countries around the world, has experienced from narrow to broad so a process of expanding".Of course, exceptions, in our country as a whole, definition of plaintiff qualification in our country has experienced five development period. First is the "top", in view of the objective situation of administrative legal system development in our country, the our country law makes no specific provision for plaintiff qualification, but with reference to the relevant provisions of the civil procedure law to define. Along with the progress and improvement of the administrative legal system in our country, adopted the lawful rights and interests "standard" in the 1990 s, then to after 2000, accompanied by a series of judicial interpretation, China adopted the "standard of legal interests". 1 May 2015 new "administrative procedure law of the People’s Republic of China"(hereinafter referred to as the "administrative procedural law") effective implementation, our country started using standard of "concern". In theoretical research and judicial practice, however, we also meet some unavoidable question: how to understand "interested" ? What is its connotation and denotation of? In theory, how to define? How to grasp in practice? How to understand "rights" ? To these questions, administrative litigation theory and practice of our country not a consensus, scholars have focused on the response to these questions. Every one of the different research methods, to a certain extent, the theory and practice of the present dilemma. At the same time, the administrative procedure law has made a huge change, in 2014 and in 2015 has effect on May 1, in terms of the plaintiff qualification confirmation, although the new revision of the law has made substantial changes to the plaintiff qualifications, at the same time in the relevant judicial interpretations to delete the plaintiff qualifications, the rules of the removed part of the integrated into "administrative procedural law" article 25 a unified regulation, realized the unification of the legislation. But we think that for the determination of the plaintiff qualification problem, especially the definition of "interest", still exists in theory to investigate the value and significance.In this paper the process, we analyzed the connotation of the administrative proceedings plaintiff qualifications, at the same time, while discusses domestic related theory, to Japan’s definition of plaintiff qualification in administrative procedure law involved in the issue, the comprehensive comparison of "subjective public rights" and "reflective interest" and "interest" in the eyes of the law, expect the reference to our understanding of the related theory reference significance. Through the discussion of this article, strive for to be able to fully understand and expounds the theory of plaintiff qualification in administrative litigation in our country defined. We in this paper, combining with the existing laws and regulations, establish an effective definition of administrative litigation plaintiff "interested" thinking, in-depth excavation of existing laws and regulations may sense. The author in the article, the emphasis on "interest", analyzed the connotation and denotation, the integrated use of "rights" and "legal causality", balance of interest, introduced at the same time, hope for our study of the administrative litigation plaintiff "interested" thoroughly.