Study On The Qualification Of Plaintiff In Administrative Agreement Cases

The determination of the plaintiffs qualifications is the premise of all kinds of litigation,and it is no exception in the administrative agreement litigation.It is important to clarify the conditions for the plaintiff qualification of the administrative agreement case to regulate the parties to the administrative agreement according to law,and it is essential for properly solving the administrative agreement dispute.According to the statistics of administrative litigation cases in recent years,it can be found that since the dispute of the administrative agreement has been included in the scope of administrative litigation,the plaintiff qualification of administrative litigation has shown an expanding trend.However,in the practice of administrative agreement litigation with both"administrative"and"contractual",the relevant parties are still blocked from the door of the lawsuit,which leads to the settlement of the administrative agreement case due to the plaintiff qualification.This essay focuses on the analysis of the above dilemma phenomenon to explore and solve the institutional problems of improving the plaintiffs qualifications.Based on the analysis of the concept and characteristics of administrative agreements,this paper sorts out the administrative agreement system of administrative agencies,administrative agreements,and third parties outside the agreement,hoping to accurately describe and define the administrative agreement plaintiff qualifications in administrative justice practice in China.The dilemma of existence.Based on the comparison of the French administrative contract system,this paper aims to find relevant experience suitable for the perfection of the plaintiff qualification system of China's administrative agreement.Finally,this paper proposes suggestions for improving and perfecting the plaintiff qualification system of administrative agreement cases in China from the granting of the plaintiff qualification of the administrative organ,the establishment of the third party plaintiff qualification standard of the administrative agreement,and the supervision of the plaintiff qualification in the administrative agreement case.In order to better play the role of administrative agreement litigation.