Research On The "Interest" Standard Of Plaintiff Qualification In Administrative Litigation

When administrative counterparts and other citizens,legal persons,and other organizations that have an interest in administrative actions seek administrative litigation relief when their legal rights and interests are violated by administrative actions,the people’s court needs to consider whether they have the proper eligibility of the plaintiff.At present,the basis for determining the qualification of an administrative relative human-type plaintiff is the direct infringement of administrative action;the second type of plaintiff’s qualification is judged according to the "interest" standard.Because the administrative action or administrative decision document does not clearly indicate the target,the intrusiveness is not easy to identify,and it is necessary to analyze the specific connotation of the "interest" with the administrative action,so as to find the basis for administrative litigation relief.However,in the context of the broad application of the "interest" standard,the rights and the basis of administrative litigation relief are gradually blurred.In this regard,the article will follow this line of thinking for writing framework: from the practical dilemma of the administrative litigation plaintiff qualification criteria to the theoretical reflection of "interest",through the commonality of the questions and the first application,the analysis of the protection norm theory in the administrative applicable space for the judgment of the plaintiff’s qualifications,and then return to the more clear and multi-layer judgment standards of local legal practice and theoretical gene exploration.The first part examines the dilemma of the application of the plaintiff qualification criteria for administrative litigation in administrative trials.First,it analyzes the cases of plaintiff qualification in administrative litigation in different periods in China,and summarizes the characteristics of the judgment standards.Second,it focuses on the "Administrative Procedure Law" and its judicial interpretation,and the relevant administrative laws and regulations on the "interest" and its specific content.The "interest" standard and content requirements are relatively scattered.At first,the relevant circumstances were listed in the judicial interpretation of the "Administrative Procedure Law",which was then determined by the "Administrative Procedure Law",and then the content was expanded by the relevant administrative laws.On the other hand,the understanding of the "interest" standard in administrative trial practice has not formed a rigorous and standardized logical expression,resulting in situations where expansion is applicable or legal rights relief is not timely,so it is necessary to limit or further improve the standard.The second part,the expression of the "interest" standard in the legal normative text can’t really solve the application difficulties faced by the standard.It is necessary to trace the relevant theory from the theoretical basis.First,analyze the plaintiff qualification and the related concept,and clarify that the "interest" standard applying to the administrative third-person plaintiff qualification.By analyzing the classification concept of "interest",it is found that it is full of uncertainties,and then the perspective is turned to analyze the important components at the current stage under the "interest" judgment framework,thus pointing out that the "interest" standard determines the qualification of plaintiff in administrative litigation.The purpose is to discover the rights and interests in the administrative law and find a reason for affirming the qualification of the plaintiff.In the third part,the protection norm theory is introduced for the first time in China’s judicial practice,benefiting from Germany’s adoption of the protection norm theory to identify the subjective public rights model.Here,as a theoretical foundation,it is necessary to clarify the evolution of the subjective public rights theory and to explain the alternation of the old and new protection norm theory.The theory of extraterritorial protection norms and subjective public rights have always maintained a mutually reinforcing relationship.The premise of the application of protection norm theory lies in the division of subjective public rights and reflected interests;the application step is to lock on the norms of disputed objective law,use multiple interpretation methods to explore the purpose of protecting norms,confirm the targets of the normative protection,and determine whether to grant the prosecutor the power of litigation.In relevant cases,it can be found that the theory of protection norms plays an effective role in limiting the "interest" standard and maintaining administrative relief;but in the case of the theory of rights and interests and the supporting system is not perfect,the application of the protection norm theory has a certain degree of strictness,harsh machinery,without a system,still has limitations.The fourth part is to return to the actual situation of the judgment of the plaintiff’s qualification in administrative litigation,explore the local applicable mechanism of the protection norm theory,promote the connection between the procedural law and the substantive law,provide the basis for the equity of the plaintiff’s qualification under the overall framework of the substantive law,and promote the standard of judgment Clear and perfect.At present,the "interest" standard is still the basis for judgment.Combining the types of relief rights and interests,through the flexible application of litigation rights theory and legal interpretation methods,the application of the protection norm theory is fully utilized to explore the multi-level plaintiff qualification criteria.