The Determination Of Plaintiff Qualification In Administrative Litigation

The qualification of plaintiff in administrative litigation is an important research issue in administrative litigation,and its identification plays a very important role in protecting the rights and interests of the administrative counterpart,including strengthening the supervision of administrative behavior.Its practical significance and theoretical significance are self-evident.On this basis,the plaintiff qualification of administrative litigation is a very controversial issue,whether from theoretical or practical experience.The plaintiff qualification in administrative litigation is closely related to the value pursuit,purpose pursuit and social interests of administrative litigation,so it is unstable,and often expands or shrinks with these factors.In view of the status quo of the application of administrative litigation law in China,the shortcomings of plaintiff qualification system in administrative litigation are discussed,and some superficial suggestions for further improvement of the system are put forward,hoping to help improve the plaintiff qualification system in administrative litigation.The introduction introduces the background and significance of the topic,literature review and research methods.The identification of the qualification of the plaintiff lacks a unified standard,and there are many disputes.At present,there are two criteria for identification: "legitimate rights and interests" and "stakes".The criteria for judging the qualification of the plaintiff in our country are more abstract and lack of operation in judicial practice.It is expected to accurately position the plaintiff in the litigation of administrative litigation,clarify the standard of recognition,and improve the level of rule of law in administrative litigation theoretically and practically.The nature of the qualification of the plaintiff and the criteria for the identification of the plaintiff qualification are reviewed,and the methods of literature research and systematic analysis are adopted to make a study.The first chapter mainly studies the definition of the meaning of the plaintiff inadministrative litigation,which is divided into two sections.The first section analyzes the plaintiff and plaintiff's qualification in administrative litigation,including the concept of plaintiff qualification,the nature of plaintiff's qualification and the difference between plaintiff and plaintiff's qualification.The second section is the meaning of the plaintiff qualification of administrative litigation,including the fair meaning,the practical meaning,the balance meaning and the unity meaning of the legal effect and the social effect.The second chapter mainly studies the criteria for the qualification of the plaintiff in administrative litigation and the scope of the plaintiff,which is divided into two sections.The first section studies the criteria for the identification of the qualification of the plaintiff,and studies the standards of "stake" and the standard of "legitimate rights and interests" respectively.The second section studies the scope of the plaintiff in the administrative litigation law and the new judicial interpretation,which is included in the new judicial interpretation,including the plaintiff qualification of the complaint whistleblower,creditor,non-profit legal person and proprietor committee.The third chapter mainly studies the problems of plaintiff qualification in administrative litigation,such as the plaintiff qualification standard is not unified,the plaintiff's scope is narrow,and the plaintiff qualification transfer system is imperfect.The fourth chapter mainly studies the identification and expansion of the qualification of the plaintiff in administrative litigation.The first section,the unity of the criteria for the identification of the plaintiff's qualification in administrative litigation,uses the "standard of interest" and "four elements" as the criteria for the identification of the plaintiff's qualification.The second section,considering the narrow scope of the plaintiff in the administrative litigation,ponder whether we can expand the scope of the plaintiff and put the administrative organ in the scope of the plaintiff in the administrative litigation.And through the real cases in judicial practice,it studies the rationality of the administrative organ in the administrative position as the plaintiff,and enumerates the advantage of the administrative organ as the plaintiff.The third section studies the necessity of giving administrative organs plaintiff qualification in administrative contract dispute cases,so as to explore the possibility of "Administrative organs prosecute the civilians" in administrativecontract disputes.Through the case analysis,the civil litigation is applied to hear the irrationality of administrative contract cases,and the importance of giving administrative organs plaintiff qualification in the administrative contract dispute cases is listed.In order to learn from the experience of other countries and regions,in the special case of administrative contract,the administrative organs should be included in the scope of the plaintiff's qualification.