Complaint's Administrative Litigation Plaintiff Qualification Review Study

Reporting replies has become a key and difficult area of administrative disputes in recent years.The legal status of complaint is an important issue in such litigation.The Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China(hereinafter referred to as the “Interpretation of the Lawsuit”)and the Guidance Case No.77 have clarified the review of the plaintiff's qualifications of the complaint to a certain extent,but it is still to be further justified.The theoretical circles and judicial practice generally divide the relationship between the complaint and the complaint matters,and classify the complaints into public welfare complaints and private interest complaints.They also believe that the private benefit complaints have the plaintiff qualification as the interested party,and the public welfare complaints do not.At the same time,private profit complaints do not have the plaintiff qualification because they do not comply with the relevant provisions of the “Interpretation of Interpretation” on “to protect their legitimate rights and interests”.Reply include complaint reply and complaint behaviors.The interest in the grievance interpretation refers to the fact that the complaint who complains to the administrative agency to protect his or her legitimate rights and interests has a stake in the reporting behavior.Although the referee's keynote of Case No.77 is consistent with the Interpretation of the Action,it confuses the relationship between the performance of the statutory duties and the report response and the handling of the report,which makes the referee have legal relationship and logic confusion.The theory of interest relationship is an important theory of the plaintiff qualification of administrative litigation.It has undergone the revision from “legal interest” to “interest”.Its main components are legal rights and causality,and reporting rights as legal rights and reporting behaviors.The existence of causality is the specific expression of the interest theory used in the complaint's plaintiff qualification review.The "Protection Theory" adds relative objective criteria to the judgment of the legitimate rights of the plaintiff's qualifications to achieve a balance with litigation resources.The type of review and processing of plaintiff qualifications is an important issue in practical operations.The most important aspect of the “Protection Norm Theory” in the Complaint's plaintiff qualification review is the judgment of the normative protection purpose.This can be used to refer to typical cases involving relevant fields in judicial adjudication.At the same time,the court used the method of “discrimination and reduction” in the referee of the report,that is,according to the importance of the legal interest involved and the intensity and seriousness of the hazard,the report handling behavior was examined to varying degrees.Although there is a certain legal relationship confusion in the case of the No.77,it also suggests another way for the complaint to file an administrative lawsuit for reporting the handling,that is,to require the administrative agency receiving the report to perform its statutory duties.The type of review and processing of plaintiff qualifications is also an important issue in practical operations.The regulation and protection of the complaint's administrative litigation rights is an important issue involved in such disputes,and is closely related to the litigation purpose of administrative litigation in China.Although it has theoretically made a certain distinction between the professional complaint's plaintiff qualifications,it still needs to pay attention to the strict argumentation of the referee,and the cooperation between the administrative agencies is also conducive to better responding to the professional complaints in judicial practice.The "protection norm theory" has its own dilemma in China's local application because of its own ambiguity,and it needs to link the existing interest theory.Rethinking the complaint system,the right relief function of the recent complaint system has become more prominent,and reporting has become a tool for safeguarding rights,which in turn has affected the plaintiff's qualifications,and its original supervisory function has been shrinking.Clearly reviewing the criteria for reviewing the plaintiff's qualifications can guide the reporters to develop in an orderly manner in the administration and the judiciary,and return the reporting system to its inherent institutional orientation.