Study On The Qualifications Of The Third Party Plaintiff In The Administrative Litigation Of The Collection Agreement

Administrative agreement litigation has been on an upward trend in recent years.The new Administrative Procedure Law clearly includes administrative agreements within the scope of administrative litigation.In judicial decisions,the third party to the agreement filed an administrative agreement litigation based on different types of damage to rights,including "ownership","land use rights","mortgage rights","leasehold rights",etc.The judgment of the court on the qualification of the plaintiff is mainly based on whether it is the counterpart of the administrative agreement,whether it has subjective public rights,and whether it has rights and interests in real rights.The "agreement relative" standard not only confuses the relativity of the plaintiff's qualifications and contracts,but also violates the basic purpose of administrative litigation;the direct application of the "subjective right protection" standard is not only an incomplete consideration of the nature of the administrative agreement,but also In the case of shortage of laws and regulations on administrative agreements,the judicial interpretation of judges is too high;the division of rights under the "Property Protection" standard is too absolute,and it is difficult to adapt to the current trend of judicial judgment.On this basis,by distinguishing between administrative agreement litigation and administrative litigation,the litigation function of administrative agreement litigation is determined;the scope of subjective rights of the third party of the agreement is presumed.Secondly,from the perspective of causality,it is analyzed whether it is possible for administrative agreement behavior to block the exercise of its subjective rights.If it is blocked,it will be qualified as a plaintiff.If there is no interruption,it will continue to judge whether the damage to its subjective rights has a causal relationship with the benefits obtained by the counterparty of the agreement by signing the agreement.