Research On The Plaintiff Qualification Standards In Administrative Litigation In China

The plaintiff qualification standard in administrative litigation has always been a hot and difficult issue both in the theoretical field in our country and in the field of judicial practice.China's "Administrative Procedure Law"(Amendment)(hereinafter referred to as the new "Administrative Procedure Law")came into effect on May 1,2015.According to the new "Administrative Procedure Law",the standard for judging the plaintiff's qualification is whether the administrative counterpart has a stake in the administrative act,which redefines the plaintiff qualification standard and thus has a new impact on judicial practice.However,in terms of what "interest" is,related laws and and corresponding judicial interpretations haven't given explicit stipulations,which leads to many disputes in judicial practice.Therefore,conducting research on defining "interest" and conducting legal analysis over controversial administrative imposition cases may provide references for solving similar cases in judicial practice.This paper consists of three parts--introduction,the main body and conclusion and the main body part consists of three chapters.The first chapter mainly elaborates the connotation and the historical development of the plaintiff qualification standard in administrative litigation.Specifically,the definition of the plaintiff qualification in administrative litigation,the relationship between the plaintiff qualification and claims in administrative litigation,and "interest" being the core content of the plaintiff qualification standard are involved.The historical development of the plaintiff qualification in administrative litigation is roughly divided into five stages.The second chapter mainly introduces the definition of "interest" and the difficulties encountered in defining it.Specifically,this chapter defines "interest" from two aspects--rights and interests as well as legal causality,and explains the difficulties encountered in defining "interest" from two aspects--legislation and justice.In terms of judicial practice,the author lists five controversial administrative imposition cases and elaborates the difficulties in defining "interest" from the perspectives of different judgments in the same case,different reasons for judging in each case and differences in the application of laws and regulations,etc.Based on the whole paper,the third chapter provides some suggestions and measures to solve the problem of determining the plaintiff qualification standard.Specifically,the Supreme People's Court can formulate special judicial interpretations and give play to the guiding role of cases in practice;the provincial high people's courts can formulate relevant regulations to gradually relax the plaintiff qualification standard and establish typed plaintiff qualification in administrative litigation.