Research On The Qualification Of Whistleblower Administrative Litigation Plaintiff

The reporting system can mobilize social forces to provide information sources for the administrative organization with great efficiency in administrative areas,but the issue whether the informer is qualified as a plaintiff for the administrative organization's handling of the reporting act remains controversial in judicial practice.This paper studies whether the administrative informer has the qualification of plaintiff.Through the current status of judicial practice,we can find that there are some problems,which are confused criteria between plaintiff' qualification and scope of the case,different idea in similar cases,and excessive limitation of informer'plaintiff qualification and so on.Through further analysis,we can notice that the problems are caused by these reasons which are unclear standards of legitimate rights and interests to informer,undefined criteria between administrative remedy and civil remedy,and undifferentiated dual attributes on administrative organization's handling of the act.Therefore,we can make efforts in the following areas with clarifying the scope of legitimate rights and interests through the Theory of Protection Norms,defining the relationship between civil and administrative remedy,and typing the informer' plaintiff qualification etc.Except for the introduction,this paper is made up of the following four chapters.The first chapter is mainly used to explain the relationship and difference between reporting and complaint,the concept of reporting,and discusses the interest criteria.The second chapter tells that whether the informer has administrative plaintiff qualification according to the current situation in judicial practice and relevant theories is analyzed through some data.The third chapter analyzes the reasons of the problems with affirmation of administrative plaintiff qualification in the judicial practice.The forth chapter makes some recommendations to address existing problems,which is about the identification of whether the informer has administrative plaintiff qualification in administrative proceedings.