Study On The Complainant Qualification Of Complainants

The complaint reporting system originated from the administrative petition system in China has the dual functions of providing relief for the victims and promoting the administrative law enforcement.In practice,on the one hand,there are "professional counterfeiters" who repeatedly make complaints and reports for the purpose of seeking economic benefits;on the other hand,some administrative organs are negligent in performing their duties of complaint,report and handling,resulting in infringement of the legitimate rights and interests of the complainant.The identification of plaintiff qualification of complaint whistle-blowers is of great significance for correctly guiding complaint whistle-blowers to safeguard their rights according to law,promoting the administration of administrative organs according to law,and promoting the healthy development of complaint reporting system.Although the supreme people’s court has specified special conditions in the new judicial interpretation of 2018 for cases where the complainant has an interest in the administrative act being sued,the condition is "to safeguard their legitimate rights and interests".But courts across the country have interpreted the condition differently.This paper is devoted to the analysis of the basic situation of administrative litigation and the attitude of Chinese courts towards the prosecution qualification of complainants by using the empirical research method,and concludes the problems existing in the prosecution qualification system of complainants in China.After that,through theoretical analysis,the author comes to a mode that is suitable for China’s reality and has strong operability.Finally puts forward the countermeasure suggestion to the correlation system consummation.At the same time,this paper also puts forward solutions to the urgent problem of "professional counterfeit fighters" in practice.This paper is divided into four parts.Chapter one is an overview of the complainant’s qualification for prosecution.This part summarizes and sorts out the meaning of complaint reporting,complaint reporting and treatment,and the particularity of the complainant’s prosecution qualification.Chapter two is the status quo and problems of the complainant’s qualification for prosecution in China.This part analyzes the status quo of the administrative litigation and the qualification of prosecution through the two dimensions of the rule status quo and the judicial status quo,and concludes the existing problems.Part of the judicial status of the use of empirical research methods,statistical analysis of a large number of cases.Chapter three is the premise and legal analysis of the qualification of the complainant.This chapter can be divided into two parts.The first part is the premise of the qualification of the complainant.This part mainly deals with the suitability of complaints,the positioning of the qualification system of prosecution in the qualification examination of prosecution and the examination procedure of the qualification of prosecution.The second part is the special discussion of the method of determining the prosecution qualification of the complainant.This part is mainly based on the relevant theory of administrative litigation qualification,combined with the background of the new judicial interpretation in 2018 and the provisions of "to safeguard their own legitimate rights and interests",to find the appropriate judgment method for the complainant’s qualification to Sue.Since then,this paper has drawn the connection between the comprehensive introduction of the protection norm theory under this method and the new judicial interpretation in 2018.Chapter four is the improvement of the system of the complainant’s qualification for prosecution.This part takes the comprehensive application of the theory of protection norms as the general idea,and puts forward Suggestions on the improvement of the prosecution qualification system of complainants in China.This paper puts forward some Suggestions,such as dividing the key application scope of the theory of protection norms into three levels,correctly dealing with the relationship between general legal rights and basic rights to define the scope of "protection norms",and insisting on objective purpose interpretation in the application of the theory of protection norms in the qualification identification of complainants.This paper also puts forward some ideas to solve the hot issue in the field of complaint reporting--the problem of the qualification of "professional counterfeit fighters".