Study On The Standard Of Plaintiff Qualification In Administrative Litigation

The plaintiff qualification is the main condition for the prosecutor to become a plaintiff.How to judge plaintiff qualification is the basic issue of administrative litigation,and also it is difficult.The standards for the plaintiff qualifications have been continuously developed along with the evolution of the legal norms,and the scope of the plaintiffs has gradually expanded.The Administrative Procedural Law in 2014 established the "interest" standard in law,but there are many opinions on "what is the interest" and "how to judge the existence of interest" in theory and practice.After combing the main points of view,it is found that administrative act,rights and interests,and causation constitute the basic framework for the judgment of interest.However,the uncertainty of the above three factors increases the difficulty of judging the interest.In the "Wang Chun Case",the Supreme People's Court presented the following ideas for judging the interest:first,determine the interests the plaintiff want to protect;second,find the substantive legal norms that the administrative organ makes the administrative act according to;third,judge whether the foregoing interest is within the protected scope of legal norms by legal interpretation.By increasing the substantive legal norms as the "transfer device","Wang Chun case" transfers the focus of judgment from the causation to the interpretation of the interests protected by the legal norms.The ideas for judging the interest in "Wang Chun case" are more operative,and also take the flexibility into consideration,which provides a useful reference for trial practice.In terms of academic development,"Wang Chun case" introduced the theory of protective norms with case law.This will help guide administrative law research to pay more attention to the development of interpretation theory and emphasize the legislative purpose of protecting legal rights and interests in administrative litigation.In the end,this paper points out the possible significance of "Wang Chun case" to the development of law,and gives suggestions for improving the "interest" standard through judicial interpretation.