On The Determination Of Interests In The Qualification Of Plaintiffs In Administrative Litigatio

With the advancement of the reform of the registration system,the number of administrative dispute cases is gradually increasing in China’s judicial practice.In accordance with Articles 25(1)and 49(1)law on administrative procedure of the People’s Republic of China,Confirm management and other interested citizens,legal and other organizations have the right to sue,and their eligible plaintiff’s principal status has been confirmed by law.The subject qualification of the administrative counterpart plaintiff is a widely recognized issue in the development of the administrative litigation plaintiff qualification system.Therefore,the key and difficult point of confirming the administrative litigation plaintiff qualification lies in the issue of how to identify the interests.This article is divided into four parts besides the introduction and conclusion.The first part is the basic theory of determining the "interest relationship" the applicant’s qualification in administrative disputes.This article summarizes the different debates on the relationship between interests in the current academic community,and puts forward my own views on the connotation of the relationship between interests based on the actual situation in China.In the context of the applicant’s classification in administrative disputes,the so-called "interest relationship" refers to the fact that there is a correlation between the administrative act and the change in the rights and obligations of the parties.In addition,it summarizes the relevant theories of interest relations in current judicial practice,the traditional theory of practical influence,and the emerging theory of protection norms.The second part is about the current situation of the determination of the "the relationship of interest" of the applicant’s qualification in administrative disputes.Firstly,it sorts out the historical evolution of the determination of the world,determination of interests in different periods;Secondly,it introduces the overall overview of judicial practice,and analyzes the application of protection norms theory in judicial practice through typical cases.The third part is about the problems existing in the determination of the "the relationship of interest" of the applicant’s qualification in administrative disputes.The academic community has not reached a consensus on the theoretical basis of "interest relationship".Due to the unclear identification method of interests in legislation,and the different judgment standards such as "actual impact theory" and "protection norm theory",it is difficult to break through the dilemma of judicial operation.In terms of legal norms,the current administrative procedure law and The interpretation of the court with it does not specify the interpretation of the court.Conditions related to the quality of the complainant are distributed in code,and the structure lacks system action.In judicial practice,the inconsistent judgment methods,and even the mixed use of several identification methods,result in significant differences in court judgment results.The fourth part is suggestions for improving the determination of "interest relationship" in Administrative Justice Act.Based on the specific cases encountered in judicial practice and the results of relevant research in the academic community,suggestions are proposed to improve the identification of "interest relationships" from three aspects.First of all,the rational application of the theory of protection norms should meet the following "three level" analytical framework: First,based on the specific circumstances of the case,identify the administrative substantive law or legal norms of administrative entities involved in the case dispute;Secondly,explain whether the protection rules at issue refer to the protection of private interests,and conduct a specific analysis based on their nature;Thirdly,clarify whether The rights and interests protected by the court are protected of the administrative legal norms involved in the dispute.Secondly,in legislation,it is necessary to clarify the criteria for determining the interest relationship.On the one hand,the applicable object of the "interest relationship" standard is defined,and on the other hand,the meaning of "interest relationship" is clearly defined.Finally,unify the judgment methods in judicial practice.