Research On The Standard Of Interest Of Plaintiff Qualification In Administrative Litigation

What kind of subject is entitled to bring an Administrative Action to the court is a hot topic in the theory of administrative action.In 1989,our country promulgated the first "Administrative Procedure Law",its plaintiff qualification stipulation is: "legitimate rights and interests" standard,in 2000,the Supreme Court promulgated the Judicial Interpretation,stipulated: "legal interest" standard,2014,2017,after the revision of the Administrative Procedure Law,the standard of "interest relationship" has been established.The determination of the qualification of the plaintiff in administrative proceedings is the object of concern in theory,and in judicial practice,it is the difficult and doubtful point of application,but it is limited to the explicit stipulation of the law,in the current administrative litigation of our country,the determination of the plaintiff's qualification is based on the provisions of Article 2,Article 25 and Article 12 of the Administrative Litigation Law.Due to the changes of social life in reality,the public's demand for the degree of legal protection of rights and interests is constantly increasing in judicial practice.Administrative Litigation plaintiff qualifications,how to identify through the "interest" standard,the interest of the renewal of understanding has certain requirements.The purpose of this study is to expand the understanding and demonstration of the core elements of the standard of interest.In practice,the qualification of plaintiff in Administrative Litigation is determined by the standard of interest,in order to realize the legislative purpose and significance of the standard of interest,the scope of the plaintiff's qualification in administrative litigation should be expanded.Starting from the theoretical elements of the standard of interest and the common types of the standard,through the method of empirical analysis,this paper compares the cases in judicial practice,analyzes and summarizes: In judicial practice,the scope of the plaintiff qualification is too narrow,combined with the theoretical elements of the standard of interest,the reasons are mainly from the limitation of the categories and scope of the two factors in the practical application.On this basis,a new understanding of the application of the standard of interest is put forward: On the one hand,in the element of causality,the legal causality,the factual causality,direct causality and indirect causality are the factors to be considered in determining the qualification of the plaintiff.On the other hand,in addition to the legal rights and interests,regarding the de factive rights and interests as the standard of interest,the factors to be considered in determining the qualification of the plaintiff should be taken into account.At the same time,in legislation,the scope of accepting cases in administrative litigation should be further clarified,and the stipulation of interest in public law should be made clear,into the legislative text.With the development of social life and the complexity of the contents of public rights and interests,the standard of interest relations is applied in practice on the basis of considering the cause-effect relationship in law and the direct cause-effect relationship,and adding the actual cause-effect relationship and the indirect cause-effect relationship,in the elements of rights and interests,on the basis of the original rights and interests only considered in the law,add the rights and interests in fact,in accordance with the provisions of the law and in combination with the legislative purposes of the administrative regulations,so that the standard of interest in practice to expand the scope of the plaintiff's qualification in administrative proceedings.