Research On The Standard Of Qualification Of Chinese Administrative Litigation Plaintiff

The development of the qualification standard of plaintiff in China’s administrative litigation is still a topic worth discussing.After the revision of the Administrative procedure Law in 2014,the scope of the plaintiff includes the relative person of the administrative act and the third party who has an interest in the administrative act.There is no doubt about the plaintiff’s status as the counterpart of administrative act,and the focus of the problem is shifted to the determination of the qualification of the third party plaintiff.At present,the standard adopted in our country is "interest" standard.The administrative law circles and judicial practice all think that "interest" is limited to "legal interest" and should not be explained more widely.However,both the "interest" standard and the "legal interest" standard are controversial,subjective judgment is strong.Under this dilemma,the judicial practice of our country tries to seek experience from overseas.In the "Liu Guangming case" in 2017,the Supreme people’s Court for the first time explicitly cited the German theory of protection norms and the concept of subjective public rights and interests to judge the plaintiff’s qualification.The case had a great demonstration effect.However,the application results of many courts show that our country’s understanding of the theory of protection norms is relatively superficial.Because of the improper application of the theory,the plaintiff’s qualification is constantly tightened in practice.The academic circles criticize and question the theory of protection norms.The theory of protection norms is of great significance to our country’s administrative litigation system,which is far more than the method of determining the plaintiff’s qualification.The German theory of public law rights holds that subjective public rights and interests refer to the right of claim granted by public law to individuals to require the state to be or not to be a specific act in order to realize their rights and interests.The main purpose of administrative activities is to safeguard the public interest.If the administrative legal norms are not only for the public interest,but also for the individual interests of citizens,citizens enjoy subjective public rights.If the administrative legal norms affect the personal interests of citizens only for the realization of public interests,citizens obtain reflective interests and do not have general claims in administrative law.Whether the objective legal norms have the direction of personal interest protection needs to be explored by using the theory of protection norms.In Japan,as the most core,the determination of the plaintiff’s qualification of rescission action adopts the "theory of interests worthy of protection in law ",which holds that the judgment of plaintiff’s qualification should not be limited to the legal provisions,and needs to consider the purpose,nature and content of the infringed interest comprehensively.The common point of German-Japanese theory is that both the entity claim right and the administrative action right are combined,which is based on judging whether the objective law norms protect the public interest and at least protect the personal interest.Based on this,we can establish three steps: first,to locate the legal norms involved in administrative disputes;secondly,to find out the protection purpose of the legal norms;finally,to judge whether the competing interests belong to the protection object of the legal norms.