A Study On The Qualifications Of Third Party Plaintiffs In Administrative Agreements

Administrative agreement litigation third-party plaintiff eligibility criteria has been a hot issue of discussion in China's administrative law,November 2019 issued by the Supreme People's Court on the trial of administrative agreement cases on a number of issues of Article 5 of the provisions of the provisions of the agreement on the trial of administrative agreement cases,outside the agreement on the qualification of the plaintiff,confirming the right to fair competition,public housing lessees and other people who believe that the administrative agreement to harm their The subject of legitimate interests has an interest in the administrative agreement.The text is divided into four chapters.The first chapter raises the question through the case whether an interested party other than an administrative agreement also has standing as a plaintiff.First,an overview of the facts of the case is given.Secondly,the various levels of the case are analyzed.Finally,the points at issue in the case are set out and the Supreme Court's attitude towards the case is analyzed.The second chapter focuses on the research base of plaintiff standing in administrative agreement litigation from a broad perspective.Mainly includes three aspects: first is the nature of the administrative agreement,the administrative agreement has "administrative" and "agreement";second is the administrative agreement and contractual relativity principle of connection,discusses the administrative agreement can apply the principle of relativity of contract;third is the discussion.The types of administrative agreements and the types of administrative agreement disputes have an impact on the qualification of third party plaintiffs in administrative agreements.The third chapter first analyzed the development and evolution of China's administrative litigation plaintiff qualification,administrative litigation plaintiff qualification has experienced from the direct interest standard,administrative relative standard,legal interest to the evolution of the interest standard.The second discusses the protection norm theory and its introduction in China,and introduces the different views of scholars on the application of protection norm theory in administrative agreement litigation.The fourth chapter discusses the third party plaintiff's qualification of the administrative agreement.Through the case introduced in the judicial practice of administrative agreement,the third party plaintiff qualification standards,the court in practice mainly apply three kinds of standards of plaintiff qualification,for the main supplemented by the protection of normative theory.