Theory Of Administrative Lawsuit Litigant Advantage

The concept of interest in litigation originated from the civil confirmation litigation,which is used to limit the plaintiff's qualification to prevent abuse of litigation and control the number of cases entering the court,so as to enable the court to focus on the review of professional cases and conduct judicial relief work more efficiently and accurately.Since the reform of filing registration system for administrative litigation in 2015,more and more cases have entered into administrative litigation,and many administrative law scholars are more firmly convinced that it is imperative to introduce the interests of litigation into administrative litigation.However,the benefit of introducing litigation involves the benefit measurement and value judgment between executive power and judicial power.In addition,the benefit of litigation has both positive and negative functions in administrative litigation,and the basic theory and judgment standard of the benefit of litigation need to be further discussed.The administrative procedure law of the People's Republic of China(hereinafter referred to as "administrative procedural law")and the Supreme People's Court about apply the interpretation of the < law of the People's Republic of China administrative procedure law > >(hereinafter referred to as the "2018 judicial interpretation")will be "interested","practical effects on the rights and obligations","legitimate rights and interests" as the plaintiff qualification in administrative litigation and administrative activities can Sue the basic standards,these basic standards are involved in the interests of the "v",the theory used in the early exploration stage,however,there is a lot of controversy and trouble,And the existing legal norms do not make the applicable principles and specific standards of judgment.At present,the people's court has three different standards for judging the interests of a lawsuit: the scope of accepting a case,the qualification of the plaintiff and the necessity of rights protection.In judicial review,some courts use the benefit oflitigation as a "filtering" and "screening" tool to judge and then exclude the justiciability of administrative activities at the filing stage;some courts define their attributes by the litigation requirements and only examine and judge at the trial stage.[ShangShuQin v.zhengzhou jinshui district government case,the Supreme People's Court believes that the administrative litigation plaintiff's apparent lack of rights protection need to prosecution,the right way should be not be filing or order its rejection.This means that the people's court in phase can put on record review.To the benefit of v.in ZhongLiHong v land administrative approval of the people's government of zhejiang province,zhejiang province higher people's court pointed out that ZhongLiHong once mention lawsuit of politics of the related housing demolition dispute ruling,has a second trial final appeal to maintain its effectiveness,and relevant homes have also been hurt,but the case the interests,whether there is relief necessary and v.It is not a condition of prosecution under the law.In addition to the disputes between the application of connotation and the judgment of attribute,there are still many difficulties in the application of the interest of litigation in China's judicial practice.The inherent concept of separation of powers between executive power and judicial power,the lack of clear types of litigation,the principle of the first judgment of administrative power and the principle of maturity all prevent the application of the interests of litigation in practice.It is not only beneficial to enrich the theory of administrative law and meet the needs of judicial practice,but also of great significance to the construction and development of the whole administrative legal system.In this article,through the analysis of traditional administrative litigation theory,for the interests of the lawsuit of the administrative litigation are introduced,and from the Angle of the separation of powers between the executive power and judicial power is analyzed,combined with Germany,Japan about v.interest theory of regulation,the litigant advantage at the general criterion of administrative trial in our country,aswell as the specific criteria of different types of litigation.Firstly,through the analysis of different types of interests,only direct interests,legal interests,practical interests and substantive interests can be classified as the interests of litigation.Secondly,the general criteria for judging the interests of a lawsuit should include the constitution,the standards of legal principles,the standards of interest rank,the standards of interest worthy of legal protection,the standards of case or dispute,etc.Finally,there are different standards for judging the interests of litigation in different types of litigation,including the revocation litigation.The discrimination of the interests of litigation according to different types of litigation not only makes the procedural rules more specific,but also provides convenience for judges to handle cases accurately and efficiently.