On The Qualification Of The Plaintiff In Administrative Contract Cases

The clarification and regulation of standings in the administrative contract case is important essential for the guarantees of the rights of the parties and a third party,and as well to solve administrative contract dsiputes.In China's administrative legal system,the Administrative Procedure Law and its judicial interpretation and related administrative regulations provide the legal basis for the determination thereof.In judicial practices,the people's courts' legal judgments on standsings in administrative contract cases guided by legal provisions and "protective norm theory" can be roughly summarized into six aspects: first,whether the plaintiff is a party to the administrative contract;second,whether the case is bound by administrative regulations and special provisions of judicial interpretation;third,whether the plaintiff 's rights and interests are actually affected;fourth,whether the disputed administrative contract is related to other administrative actions;fifth,whether there are basic disputes such as inheritance rights in administrative contract cases that can be resolved separately;sixth,whether the disputed administrative contract involves neighboring rights or fair competition rights.However,in the process of the development of the administrative contract system,the identification of standings in administrative contract cases in China's administrative legal system and judicial practice has gradually revealed imperfections.The administrative agency cannot act as a plaintiff in administrative contract cases,which makes it difficult for them to effectively protect their legitimate rights and interests.The legal basis of standings for the third party of the administrative contract in China is relatively weak,and there is no well-established and complete system for the protection of the third party in the administrative contract,and the judgment doctrine adopted by the people 's courts is to some extent unreasonable.These cause some troubles in the recognition of the standings of a third party.In order to improve the right to sccess to the courts of the administrative organs and to make appropriate adjustments in accordance with the development and application of the administrative contract system,it is necessary to give the administrative organs the standings in administrative contract cases.In order to better protect the legal rights and interests of the third party,the courts have improved the judgment standards of the third party plaintiffs in administrative contracts by accumulating experiences in administrative contract cases.