New Interpretation Of Standards For Admitting Plaintiff’s Qualifications In Administrative Litigations

The problem of the Plaintiff’s qualification is the basic problem of Administrative Law. The key to resolve this problem is the standard for admitting Plaintiff’s qualification in administrative litigations. The standard is of Plaintiff’s qualification is gradually easing trend. But the standard is too general and vague; it cannot meet the needs of the judicial practice. The first reason is due to the single type of administrative procedures. Regulation designing is limited to withdrawal of litigations. The second reason is due to the legal tradition of none-case. It is difficult to make individual breakthrough in jurisdictional practices become part of the law. This thesis is trying to give new interpretation to the issue concerning standards for admitting Plaintiff’s qualification:The first chapter mainly discusses the meaning, the nature and the related conceptions of Plaintiff’s qualification in administrative litigations.The second chapter introduces the five stages of the standards for admitting Plaintiff’s qualification in administrative litigations and the legislative provisions.The third chapter discusses the current problems of the admitting standard and makes the analysis. The main problem is that the standard is not clear, the maneuverability is not strong. And it is lack of the lawsuit for commonweal of administrator.Here are some suggestions: Upon the classifications of administrative litigations, various categories’ plaintiff is given different admitting standard. It is essential to perfect the regulations of cases guiding in plaintiff’s qualification; in legal practices, introduction of benefit evaluation policy is beneficial to individual case’s judge when plaintiff’s qualification is ascertained in vague legal areas; the inspection authority filed a lawsuit for commonweal of administrator.