On The Determination Of The Qualification Of The Plaintiff In Administrative Reporting Cases

China's constitution and relevant laws and regulations stipulate that citizens have the right to report,and the corresponding administrative organs have the obligation to accept,investigate and answer the reports.The exercise of the right to report is not only of the nature of private benefit relief,but also of the effect of supervising public administration and maintaining social order.It is an important way for citizens to safeguard their rights and interests and participate in public administration.Administrative litigation of our country implements the filing system since 2015,administrative litigation cases,it's not reasonable to crack the case limit and the development of administrative trial is of great significance,but at the same time also is accompanied by the emergence of a large stream of nuisance cases,especially including reporting field,some administrative person in reality by registration system under the low threshold,with nothing to do with their legal rights and interests for multiple or repeated to report to the administrative authorities to bring administrative prosecution,affecting both the administrative efficiency,and the waste of judicial resources.Report,however,the nature and structure is complex,involve the whistle blower,illegal behavior person with administrative organs tripartite main body,include administrative organ legal responsibilities,complaints handling matters,to report reply,reporting incentives such as multiple legal relationship,plus the provisions of the legislation in reporting the fragmented and not clear,lead to administrative organs in handling matters to report,the court in a report to the class during the judicial review to administrative cases,there is no clear basis,difficult,controversial points,one of the most troubling is the whistle blower's administrative proceedings plaintiff qualifications of administrative issues.However,in the current theoretical circle and judicial practice,there is still no unified opinion on the judgment of the plaintiff qualification of administrative informants in the administrative litigation,and there are various theoretical views.The differences in judicial practice are not limited to the grass-roots level,and the supreme people's court has also changed its attitude towards identification in the same period.The supreme people's court in 2016,no.77 issued by the guiding case to whistle blowers "private interest" and "public person" to determine the plaintiff qualification of administrative person,divided into the thoughts and the provisions of the "administrative procedure law of judicial interpretation" in 2018,to safeguard their own lawful rights and interests is the complain to the administrative organ of has an interest relationship with the administrative organs of the administrative action.However,since the guidance case no.169 of 2017,Liu guang ming case,the court has introduced the Geraman "protection norm theory" to judge the plaintiffs qualification in administrative litigation.After the introduction of this theory,there has been a different judgment result from the previous one.Judgment standards differ in the judicial practice caused many different connection with the given phenomenon appears,which shows the problems caused of thinking and debate in the theory and practice,makes the plaintiff qualification of administrative person to judge recently a hot topic of administrative trial,so how to judge the administrative person discusses the plaintiff qualification in administrative litigation is necessary.So this article is based on the judicial practice of administrative person problems of plaintiff qualification in administrative litigation judgment,the existing judgment according to the data statistics and analyses,it is concluded that the judgment on the basis of the reasons things out the path and the existing problems,and on the basis of this report to the administration case is the plaintiff qualification examination are discussed in this paper,the qualification cognizance of the report to the admini strative cases of the plaintiff provide useful advice.