On The Limitation And Perfection Of The Standard Of "Interest Relationship"

The Standard of "Interest Relationship" is on a trend that continues to develop in practice,substantially,its scope continuous extend.At present,in order to extend the scope of the plaintiff qualification of administrative litigation,the applicable scope of the Standard of "Interest Relationship" tends to be broadly understood both in theory and in practice.But the Standard of "Interest Relationship" is not always applicable in the "administrative omission counterparts","the transfer of the plaintiff qualification"and "victim litigation",it is dislocated to apply the Standard of "Interest Relationship"in these three circumstances.The Standard of "Interest Relationship" should perfect on the dual-purpose of administrative litigation,and it is necessary to recognize that the essence of "Interest Relationship" is "lawful right and interest",and then affirm"Interest Relationship" as special individual right and interest via the theory of protective norms.In this way,we could prevent the Standard of "Interest Relationship" from objective litigation.After this consummation of theory,we should not always object the plaintiff qualification of administrative omission counterparts via the Standard of "Interest Relationship",the administrative omission counterparts own special individual rights when procedural obligations are imposed to administrative organization by some statutory law,and thus the Court should admit the plaintiff qualification of administrative omission counterparts;and it may be more suitable for comprehending the transfer of the plaintiff qualification and victim litigation as objective litigation.