Application Of Protection Norm Theory In Qualification Confirmation Of Plaintiff In Administrative Litigation

The German theory of protection norms is the main theoretical tool for judging the eligibility of third-party plaintiffs.In the past two years,China ’s academic circles have discussed more topics.This theory has more references for the judgment of plaintiffs qualifications in China.Since judicial practice,it has been controversial in theory and practice,and the discussion and application of protection norm theory is still in a state of confusion;there are both supporters and opponents in the academic world,and there are court applications and court insistence in the judicial trial process For other judgment criteria,the lower court applies the protection norm theory in the same case,while the upper court judges by other benchmarks,or the lower court does not apply the protection norm theory and the upper court applies it.The reason is that the protection norm theory,as a foreign theory,has not been introduced.It is caused by the unsuitability that suddenly appeared in the practice of our country;therefore,it is particularly necessary to discuss the application of the protection norm theory in the qualification judgment of the plaintiff in China.The first chapter is an overview of the protection norm theory.The protection norm theory,reflective interests,and subjective public rights are a set of concepts that will appear in judicial application at the same time,and continue to evolve over time in the theoretical background of the protection norm theory.Introduce the content of the protection norm theory,the relevant concepts of the protection norm theory,the theoretical background of the protection norm theory,and the development history of the protection norm theory.Chapter 2 The introduction of the protection norm theory,there is a logic and system inconsistency in the applicable benchmarks for the interests of administrative related people in China,which provides an opportunity for the introduction of the protection norm theory.The premise of the introduction of the protection norm theory is China’s litigation system It needs to be similar to the German litigation model.The analysis of the legal system shows that China and the German administrative litigation model have similar properties.The difference lies in the constitutional system.The basic rights of the normative theory of protection of the constitutional interpretation function of our country can not play its role.The application of the protection norm theory in China,and then to sort out the plaintiff qualification system of our country and clarify the application path of the protection norm theory.The third chapter is the application of the protection norm theory in the judgment of the plaintiff’s qualifications of neighboring rights holders in China.Introducing the principle of attention requirement and the interchangeability exchange theory in the protection norm theory provides more useful reference for the plaintiff’s qualification judgment in China.The fourth chapter is the application of the protection norm theory in the judgment of the plaintiff’s qualifications of the competition right in China.If the legal concept of the entity of the competition right is not clear,the basic idea of judging the plaintiff of the neighboring right holder needs to be clarified first.Normative theory and the conflict reconciliation formula in the protection normative theory are proposed for more detailed operations.