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Study On Plaintiff’s Qualification In Administrative Litigation

Posted on:2017-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:L S DongFull Text:PDF
GTID:2346330512484004Subject:Law
Abstract/Summary:PDF Full Text Request
The qualification of plaintiff,also known as the qualification to sue,is to solve the problem of whether a specific plaintiff is qualified to file an administrative suit in order to protect his\her own rights and interests,which directly relates to the commencement of administrative litigations.Compared with plaintiff’s qualification in civil proceedings,the characteristics of plaintiff’s qualification in administrative litigation is quite different.The definition of plaintiff’s qualification in administrative litigation varies from different person which is so confusing that has became an world wide challenge.In many countries,scholars hold different opinions on the definition and scope of plaintiff’s qualification in administration litigation,and judges apply different standards on this as well.Plaintiff’s qualification is the most common in judicial review procedures.The standard of plaintiff’s qualification in administrative litigation in China is the primary problem to solve during the hearing,so it is not only a theoretical problem but also a practical problem.In consideration of plaintiff’s qualification,we need to consider the following factors: first,the protection of one’s substantive rights and interests;second,to prevent the abuse of the right of action.This thesis is divided into three chapters: the first chapter mainly introduces two typical cases and arises the controversial issues of the case: a)whether the party is qualified as a plaintiff;b)the party has any interested relationship with the administrative act made by House Property Bureau.The second chapter analyzes the legislative transition of plaintiff’s qualification,the concept of interested party and legitimate interests,illustrates the connection between administrative act and the damage on legitimate interests meanwhile.The third chapter come with the conclusion that the party is qualified to be the plaintiff through the analysis of specific cases,which provoke the thoughts that the perfection of confirmation of plaintiff’s qualification and the establishment of directive cases.This thesis takes a typical case as the breakthrough point,analyzing differences of laws and judicial provisions on plaintiff’s qualification in administrative litigation,as well as the legal meaning of plaintiff’s qualification,the value of the system of plaintiff qualification also being discussed on the perspective of legal,judicial interpretation and other angles.
Keywords/Search Tags:Administrative Litigation, Plaintiff’s Qualification, Interested Relationship, Legitimate Rights and Interests
PDF Full Text Request
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