Determination Of Interest In The Qualification Of Plaintiff In Administrative Litigation

Plaintiff's qualification is an important object of study in the field of administration.As the standard of the plaintiff's qualification,"interest" has been the concept of legal uncertainty since the establishment of the new "Administrative Litigation Law" in 2014.The "Administrative Litigation Law Interpretation" also only sets out five special circumstances,lacking of general judgment,and coupled with a large number of theoretical composition,there is no unified view.The legislation and theory have not provided clear guidance for the application for the two aspects of the interest determination: the clarity of composition elements and the selection of the path of judgment.The years of practice,especially the Supreme Court's decisions,can provide useful lessons to fill this gap.In terms of the judicial determination composition element is dominated by the two-factor theory,as for the specific connotation of the elements: the "interest" element contains the possibility of damage and the individual's legal rights and interests,while the "causation" element contains the direct legal causal relationship.In terms of the identification path,The Supreme Court has borrowed the "normative theory of protection" from civil law countries to provide a normative and operational path for the determination of interest.In particular,rights and interests are the core element,the legal interpretation is the means of administration explanation and exploring organ's duty for protecting in three steps.Based on the positive observation of the case,it is proposed to strengthen the theory and the application of the law,to provide a unified and concise guidance in multiple approaches.Theoretically,given the two-factor theory has been affirmed by judicial practice,it is advocated to take our theory as the base and integrate the judgment path of the theory of protective norms to strengthen the lack of theoretical operability.Legally,improving the existing judicial interpretation and strengthening the case guidance system.Supplementing the general interpretation of "interest";enriching two situations in accordance with the existing judicial interpretations;and selecting the suitable cases for publication to strengthen the guidance of the Supreme Court.