The Interest Measurement Of The Judicial Review Of The Qualification Of The Plaintiff In Administrative Litigation In The United State

The development of a market economy depends on the expansion of the social division of labor,which will divide into numerous conflicting interests.In addition,the complexity of the market mechanism also requires government intervention.With the government ’s large-scale intervention in the private economy after the New Deal,the United States administrative agency was inevitably authorized with excessively broad powers,which to some extent threatened the individual rights of citizens and the power separation mechanism.The plaintiff qualification system before the New Deal came directly from private law.Plaintiff qualification can only be obtained when the plaintiff’s legitimate interests are directly violated by the government.With the diversification of social interests and the expansion of the government’s role in the economy,this litigation system makes it increasingly More cases are difficult to obtain relief.This prompted the Supreme Court to make changes.In a series of cases,the Supreme Court gradually relaxed the restrictions on plaintiff qualifications by expanding the interpretation of the affected interests.Starting from restricting the government’s discretion,the court must conduct a substantive review of the government’s administrative actions when making its discretion to determine whether the plaintiff has indeed been adversely affected as stated and to decide whether to grant the plaintiff’s qualifications.In this review process,the traditional role of the court—using logic to rule on legal issues—was challenged.The judge had to play a role in which he was not good at making judgments in the interests of all parties.Restrictions also bring constitutional problems.The court’s review of administrative actions has formed an impact on the separation of traditional powers.Finally,all disputes over the plaintiff’s qualifications in administrative proceedings are placed in the judicial process,resulting in lengthy litigation and a large amount of resource consumption It also affects the achievement of administrative goals.The plaintiff qualification system requires judicial judgment to regulate efficiency and cost.In order to restrict the issue of administrative discretion caused by the expansion of the role of the government,the United States Federal Court granted the parties plaintiff qualifications in a series of cases in the form of jurisprudence,but not all subjects were given the right to challenge the decision of the administrative organ.Discretion.In examining the qualifications of the plaintiff,we can see that in the process of the court’s evaluation of the interests involved in the case,there are both a consideration of the principle of separation of powers and a process of measuring the interests of all parties.A fairer administrative decision will be made procedurally in a confrontation in which all affected interests are effectively represented,a unified plaintiff qualification system has not yet been born in the United States.But this evolutionary process can enlighten the reform of the plaintiff qualifications in administrative litigation in China.