Study On Plaintiff Qualification Of Whistleblower In Administrative Litigation

In reporting cases,the idea of "statutory processing/replying responsibility+for the protection of their legitimate rights and interests" not only failed to clarify the interest relationship between the informant and the administrative action being sued,but also highlights the theoretical disadvantages such as the ambiguity of legal rights and interests in the standards of interests.The theory of protection norm strictly limits the legitimate rights and interests in administrative litigation within the scope of "subjective public rights" and further clarifies the division of labor between civil litigation and administrative litigation by explaining the purpose of norms.At the same time,it provides a relatively objective identification standard for the identification of the informant's plaintiff qualification.However,there are massive cases such as mechanical application and replacement of core concepts or insufficient reason for protection purposes in judicial practice.The reasons for the above phenomenon are the judges can't know much about its core content in the short introduction time of the theory,the theory of public power is lacking and the technical level of legal interpretation is low in our country.Generally speaking,the informants are dissatisfied with the three administrative actions that includes handling actions,reply actions,and reward actions in the administrative lawsuit.The rights corresponding to these three administrative actions are civil rights infringed by third parties,the right of getting reply and getting rewards.In summary,the whistleblower attempt to remedy above three rights,not the right of report.The right of informing is essentially a procedural public right and it only motivate administrative agencies to initiate investigation and processing procedures.Rights holders whose procedural rights are violated may not be qualified as plaintiffs in administrative litigation.Therefore,the provisions of the report right can't be the legal basis for the whistleblower to file an administrative lawsuit.The search of the public rights of the whistleblower should focus on the interpretation of relevant legal provisions such as the processing obligations,reply obligations,and reward obligations of administrative agencies.And we can rely on the above-mentioned three behaviors and refer to the basic steps of applying the protection theory in Taiwan to determine the plaintiff qualifications of the whistleblower in different administrative actions.At last,if reports abuse their litigious rights,they will lose the plaintiff qualification.But the identification standard should be strictly controlled to avoid unnecessary violations of citizens' basic litigious rights.