Research On The Qualifications Of Creditors As Plaintiffs In Administrative Litigation

As the plaintiff of administrative litigation,the qualification of the creditor meets two requirements: first,the creditor must "think" that the behavior of the administrative organ to the debtor damages the realization of the creditor's right;second,the administrative organ should protect or consider the administrative behavior.In order to make the creditor become the plaintiff of administrative litigation,it must pass two levels of tests.The first level,from the perspective of normative interpreta tion,to prove that there is a stake,we must find out the subjective public rights.To judge whether there is "interest relationship",we need to pay attention to several connotations: first,to limit the scope of administrative litigation plaintiff quali fication to the scope of "subjective public rights",that is to say,the content to be considered and protected can be found through the legal norms of administrative entities,and the administrative legal norms not only point to the norms of administrative litigation,but also point to the protection of private interests,which is to verify "interest" The positive standard of relationship.Second,the introduction of the theory of protection norms is also aimed at excluding the parties who are subject to the interests of reflection.When the administrative legal norms themselves need to make administrative acts in order to achieve the purpose of public interests,although they bring a certain degree of interests to the private,but the initial purpose of th e administrative act does not have the requirements of private interests,then there is no need to consider and protect,which is the reverse standard of negating "interest relationship".Third,to find out the theory of protection norms,we need to use th e interpretation path of purposeful expansion.Mainly through the position of objective interpretation,the interpreter,as a rational and prudent person,can do a normal thinking to observe the legislative purpose.Objective interpretation emphasizes normative interpretation,which helps to absorb the spirit of modern society and avoid the drawbacks of legislators' vague intentions.Second,from the perspective of fact judgment,to have the causal relationship between the sued administrative act and the cr editor's right damage,this causal relationship only needs to reach the standard of "possibility",so as to be able to shake the inner conviction of the judge.Whether the sued administrative act and the infringement of creditor's rights have a considerable causal relationship is the key to measure whether they can enter the administrative proceedings.That is to say,when there is a considerable causal relationship,the two establish a necessary connection,and there is a basis for exploring the plaintiff' s qualification in administrative proceedings.It should be noted that the sued administrative act should be a mature and specific administrative act.If it is only a process administrative act,it is difficult to establish a causal relationship between th e administrative act and the damage of the civil creditor,and it is also impossible to give the civil creditor the qualification of administrative litigation plaintiff,and it can wait for the specific administrative act to mature before proceeding.