Research On The Qualification Of Administrative Reconsideration Applicants From The Perspective Of Interests

The qualification of administrative reconsideration applicant is a prerequisite for administrative reconsideration.It is necessary to have in-depth discussion.The key to the qualification of the applicant for reconsideration lies in the understanding of "interest relationship".At present,there are more studies on the"interest relationship" of the plaintiff qualification in administrative litigation but less in administrative reconsideration.The reconsideration organs and judicial organs have different results in identifying "interests" due to differences in systems and concepts.This realistic problem urgently needs to be answered.The administrative reconsideration law establishes the "interest relationship"as the objective standard for judging the applicant's qualification.Therefore,the key to grasping the applicant's qualification for reconsideration is transformed into the judgment of "interest relationship".From the discussion in the academic circle and the practice of the reconsideration organ and the judicial organ,the "interest relationship" in the applicant's qualification means that the administrative act of the administrative organ has or will have a practical impact on the rights and obligations of citizens,legal persons and other organizations.The constituent elements of the interest relationship in the qualification of the applicant for reconsideration mainly include the two basic elements of" legitimate rights and interests "and" causality".On the basis of investigating the connotation and constituent elements of the interest relationship,this paper studies and analyzes the "interest relationship" in three typical reconsideration cases,namely,complaint reporting,information disclosure and land expropriation,in an attempt to reveal the different judgment standards of the interest relationship under different types of cases.At the same time,it is of practical significance to understand and grasp the similarities and differences between administrative reconsideration and administrative litigation,especially under the background of establishing the system of "co-defendant" in the new Administrative procedure Law.On the one hand,in terms of the current study eligibility questions need to reference the research achievements of the administrative litigation law,introducing standard protection theory review qualification of the applicant's judgment.On the other hand,it simply equates the two and ignores the individual characteristics of administrative reconsideration.It is necessary to introduce the concept of administrative reconsideration judgment,so as to maintain the balance between administrative reconsideration relief and judicial relief.