Research On The Identification Standard Of "Interest" In Administrative Litigation

Since its promulgation and implementation,the administrative procedure law of the People’s Republic of China(hereinafter referred to as the "administrative procedure law")has been amended on November 1,2014 and June 27,2017 respectively.The amended article 25 provides that: "The relative of administrative act and other citizens,legal persons or other organizations with an interest in the administrative act shall have the right to bring a suit." It can be seen from this provision that the determination of plaintiff’s qualification in administrative litigation has developed into the current standard of "interest".Therefore,"interest" is the cornerstone to judge whether a party has the qualification of plaintiff in judicial practice.But what is the "interest" ? Under what circumstances can a party be identified as having "interest" with administrative action? After discussing these issues,the academic circle has not reached a consensus,the relevant laws and regulations have not defined "interest" from the perspective of judicial trial operation.In order to better promote the judicial work and to better protect the rights of the parties in administrative proceedings,we need to carry out in-depth investigation and study on the determination standard of "interest" in administrative proceedings.Since 2015,there has been an increasing number of judicial cases of interest relationship in our administrative litigation.Through the analysis of 1973 judicial cases,it can be concluded that the current status of the overall determination of "interest" in judicial cases in China is as follows: Most courts have chosen a sound path to give a conservative explanation of "interest",so there are many cases in which the prosecution has been rejected directly;The courts have different standards of determination;In order to prevent abuse of prosecution,the cases has turned from rising to falling;The court has different attitudes towards the examination of "interest" in the first and second instance procedures;The basic courts maintained a more cautious attitude,and the intermediate courts exercised some discretion.In terms of the specific identification,the specific identification methods are analyzed according to three kinds of reasons: "with interest","without interest" and "with interest but the original trial court did not review in accordance with the law".The current interest standard has been going on for over three years,however,there are still many problems."Interest" legislation is vague.The rules and regulations of the judges are confusing.The standard in judicial practice is different.The referee’s reasoning is simplistic.The expression "legal interest" is still used.In view of these problems,this article puts forward the following suggestions for improvement: specify the specific verification standards,strengthen the case guidance system,perfect specialized judicial interpretation,unify the referee basis and expression.Through the research on the identification standard of "interest" in China’s administrative litigation,this article wants to contribute to the perfection of the "interest" standard in the future.