Research On The Qualification Of Complainant And Plaintiff In Administrative Litigation

In 2018,the Supreme People’s Court on the Application of the “Administrative Litigation Law of the People’s Republic of China” Article 12,Item 5 stipulated the qualifications of the complainant as a plaintiff,that is,“The complainant must protect his own lawful rights and interests + The administrative agency has the dual important part of the responsibility of handling complaints”.In the past 40 years,the standard for judging the qualifications of the plaintiff in administrative litigation has gone from “direct interested party” to “administrative counterparty standard” to “legal interest standard”and finally to “There are four stages of interest standard”.This judgment standard is highly subjective in judging the qualification of the complainant and the plaintiff,and there is a risk of abusive litigation.The German protection norms theory limits the legal rights of the parties to the scope of “subjective public rights”through the interpretation of the purpose of the protection norms,and provides a relatively objective standard for determining the qualifications of the complainant as the plaintiff.However,the Supreme People’s Court introduced the theory of protection norms into my country in the “Liu Guangming case” in 2017.The theory of protection norms has been in my country’s administrative adjudication field for a short period of time.Therefore,there is still a phenomenon of dissatisfaction: confusion between “subjective rights” and“subjective rights”.The core concept of “rights”,the mechanical application of the theory of protection norms by the lower courts,etc.The reason for this problem is not only the limitation of the protection norm theory itself,but also has a certain connection with the insufficient reserve of public power theory in our country.On the one hand,how to protect the lawful rights and interests of the complainant and protect the complainant’s right to sue.Since the application of the interest standard to judge the complainant’s “legitimate rights and interests” is highly subjective,we can learn from the protection norms theory to determine the subjectiveness of “legitimate rights and interests”.The concept is based on objective legal norms as the prerequisite for judgment;there are many areas in which the complainant complains,so it is necessary to classify the complainant’s procedural and substantive attributes.On the other hand,the introduction of German protection norms theory into our country is not to protect the complainant’s right of litigation without restrictions.It certainly does not support acts that waste judicial resources and disrupt judicial order,such as professional counterfeiters,abuse of prosecutions for rewards,etc.It is necessary to regulate the complainant’s litigation right while protecting it.The court and the procuratorate play an important role in regulating the complainant’s litigation right.The Supreme People’s Court introduced the theory of protection norms through the “Liu Guangming case” and combined with my country’s specific judicial practice,shaping a specific and operable judgment structure for the qualifications of complainants and plaintiffs in my country’s administrative litigation.