| The arbitrariness and blindness of the road name change is a prominent problem in China’s current place name change.Among them,the change of the important his torical and cultural road name not only brings inconvenience to the local people’s production and life,but more importantly,it causes significant damage to public interests.Zhu Guangyi et al.V.Zhengzhou Municipal People ’s Government Road Rename Dispute(hereinafter referred to as the “Jicheng Road Case”)is the first case of a road name renewal dispute caused by damage to public interest.The inheritance of history and culture and the protection of spiritual rights and interests opened a precedent for judicial organs to intervene in the road to rename administrative disputes,and it has important legal research value.Based on the facts of the case,the thesis discusses the scope of the case,the qualification of the plaintiff and the judicial review of the“Jicheng Road Case” by using various research methods such as literature analysis,comparative analysis and case analysis.The thesis mainly includes three parts.The first part is the analysis of the scope of accepting the “Jicheng Road Case”.It mainly starts from the legal nature of the road renaming and the protection of administrative spirit of special spiritual and cultur alrights.First of all,through combing and analyzing related concepts and theoretical knowledge,the legal nature of the road renaming behavior is the administrative behavior of the matter,and on this basis,it is further investigated that this behavior is suable.Secondly,the administrative litigation law protection of special spiritual and cultural rights mainly lies in the understanding of the category of “legal rights and interests”.By analyzing the two different perspectives on the scope of administrative litigation and administrative public interest litigation,it is concluded that spiritual cultural rig hts are also protected by administrative litigation in this case,the protection of rights and interests in this case belongs to the scope of administrative litigation.The secondpart is the analysis of the plaintiff’s qualification in the “Jicheng Road Case”.From the four perspectives of legal intent,judicial interpretation,“three elements theory” and protection norm theory,the concept of “interests”is explained from different perspectives,and then the plaintiff qualification determination under the current legal system is analyzed.On this basis,drawing on the relevant legislative system and practical experience from outside the region,trying to demonstrate the feasibility and necessity of conferring the right of prosecution of individual citizens and social groups in admini strative public interest litigation in our country,so as to be a stakeholder in the “Jich eng Road Case” the judicial remedies provide legal protection.The third part elaborat es the judicial review of the “Jicheng Road Case”.This part first introduces the esse ntials of the judicial review of administrative public interest litigation,and then discus ses the judicial review model of this new type of administrative case,the road name change,from the aspects of legality and rationality.Among them,the legality review is carried out from two aspects of entity and procedure,with emphasis on the status of public participation and expert demonstration in the procedure review. |
