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The Plaintiff Qualification In Administrative Litigation Interested Element Research

Posted on:2017-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:M C LiFull Text:PDF
GTID:2296330485487752Subject:Law
Abstract/Summary:PDF Full Text Request
The administrative litigation involves many problems, such as the scope of accepting cases, jurisdiction, lawsuit participants, etc., and of litigation to the plaintiff qualification is a key link among them. Along with society’s progress and development, security requirements for individual rights is also more and more high, expand the scope of administrative proceedings plaintiff qualifications, gradually become the consensus of improve the system of administrative litigation. Though the administrative litigation system of our country starts late, but the high starting point, development is fast, the plaintiff qualification in administrative litigation scope expanding and changing trend, theory and practice argue about the plaintiff qualification problem once basic unity. But, even so, seemingly unified view, clear law, in the concrete or encountered the problem in the judicial practice, the case of dispute whether focus mostly stay in the prosecution and the specific administrative act has "interest", the definition of "interest" had a dispute about the problem, whether this directly affect the plaintiff eligibility.On May 1, 2015, the revised "administrative procedural law" formally implemented, marked the our country of the plaintiff qualification into the "interest" standard time, but even so, some problems also needs to be solved, such as: "the stakes" the definition of the problem, in what is the difference between theory and practice on it? "Concern" to replace "interested" in the eyes of the law does mark the present stage has been completed for the expansion of the plaintiff qualification category? And so on, answer to these questions, to practice caused a certain degree of difficulty. "Administrative procedural law" the revision and effective, especially the change of article 25 is substantive, the plaintiff qualification problem, especially the definition of "interest", is worth studying and exploring.Based on this, this paper studies the purpose is combined with practice, from the practical perspective, focusing on "interested" requirement, research the condition of plaintiff qualification in administrative litigation. Through the analysis of "legitimate rights and interests" and "causality", the definition of "interest" to clarify them. And preliminary conclusions, the repair method of "concern" to replace "interested" in the eyes of the law, is not the scope of the plaintiff qualification of course expand, its meaning from the present actual conditions, make full use of the flexibility of the justice, can fully protect the rights of citizens and supervision of government power, stability and administrative efficiency and to guarantee the judicial order the biggest play, more importantly, also for the future the expansion of the scope of the plaintiff qualification. Therefore, we need to advance through legislation and practice experience, to explore the best route, gradual advance the perfection of administrative litigation plaintiff qualification system, promote the unification of the law and practice.
Keywords/Search Tags:The plaintiff qualifications, The interested, The rights and interests, Causal relationship
PDF Full Text Request
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