The Qualification Of The Plaintiff In Administrative Proceedings And Its Relevant Questions

In the modern society,Both the protection of citizens,legal person, other organizations and the maintenance about the administrative rule of law are unified.To give the administrative counterpart safeguarding their own rights and interests for the purpose of the exclusion of illegal administrative right of claim is the objective guarantee prompting the social goal,which is administrative rule of law at the same time. Therefore,the administrative relative person’s "the exclusion of illegal administrative claim"is of great significance.It is not only the need to protect the right subject’s own interests,but also the realization of public interests and the administrative law.It is also the key and link of subjective personal interests and the objective of the administrative rule of law. With the development of the administrative law,the scope of legal protection will expand.To adapt to the social progress,the adjustment and development of China’s administrative litigation plaintiff qualification theory is inevitable.The paper chooses ’Yubei property company,Quxian County office and Warren Company is not satisfied with the Housing Authority mortgage registration case’as an example to explore the administrative litigation in our country on the plaintiff qualification problem.(Who to sue,Sue object,content,why to prosecute,when to prosecute)and related problems.Put forward the suggestions and amendments,Formed a system design scheme is aimed at the plaintiff qualification in administrative litigation to further perfect.This paper is divided into three parts,through introduction,in-depth analysis, and investigation of the case reflected the problems,author finally proposes suggestions and countermeasures to perfect the idea.The first part,mainly through the brief introduction to point out the controversy of the case;the opinions of both parties.At same time,on the legal basis of recognition and enforcement in China’s law to list the legal grey.This part is describing the case in detail and fully display the whole case to lay a foundation for the second part.The second part is on the basis of the first part to summarize the legal issuses reflected by the case.That is,how to determine plaintiff qualification in the administrative proceedings;how to define legal interest;how to solve administrative and civil cross cases;The problem of the time of administrative litigation.This paper further analysis the causes,which is based on the problems of cases.The third part,according to the problems reflected by the case in the plaintiff qualification definition process.offering some suggestions for the perfection of the plaintiff qualification.The plaintiff qualification in administrative litigation is a basic issue in administrative litigation law,which can’t be avoid in theory.The operation is also a problem resolved in judicial practice.If there are provisions on the plaintiff qualification and related problem in administrative litigation law of our country,there are many disputes in the administrative jurisprudence circle.The perfection of the legislation is particularly prominent. The article adopts the way of case study.Hope that through the case of real life introduction and analysis,explore deeply research on the plaintiff qualification and its related problems.At the same time,put forward targeted suggestions.In order to build an orderly and reasonable model of plaintiff qualification in administrative litigation.