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On The Qualification Of The Plaintiff In The Interests Of The Administrative Litigation

Posted on:2016-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y F SunFull Text:PDF
GTID:2296330482963947Subject:Law
Abstract/Summary:PDF Full Text Request
With the introduction of new administrative procedure law and relevant judicial interpretation, the field of administrative litigation plaintiff qualification has been a big change. The new administrative procedure law of the second provisions of citizens, legal persons or other organizations as the administrative subject of a party, belonging to the administrative behavior of the relative person, and some people may be with the administrative body of the administrative act of the people, the administrative act does not directly refer to those who are interested, so they are not directly involved in administrative behavior. In judicial practice, the judge is often difficult to grasp the plaintiff in the case as the prosecution conditions, and which parties to enjoy the plaintiff qualifications, often worried about the relaxation of the standard of stakeholders will lead to abuse of litigation,after the tightening of standards will appear filing difficult phenomenon. In the final choice of the dilemma, the judge mostly choose the safe path- to explain and grasp the relationship between the interests and the interests. All sorts of reasons, resulting in a number of interests of the legitimate rights and interests of people can not get relief. And the understanding of the elements of interest is the decisive factor to grasp the conditions of the prosecution, in order to ensure that the rights of the victims can get timely and effective judicial relief, to deal with the interests of the plaintiff’s protection path to expand.This paper analyzes the connotation and extension of the plaintiff qualification in administrative litigation from the combination of judicial practice, and concludes and analyzes the relevant theory of the relationship between the interests and interests, and puts forward the appropriate path to protect the legal rights of the plaintiff..
Keywords/Search Tags:Plaintiff qualificatio, Interest relationship, Constitutive elementsSystem perfection
PDF Full Text Request
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