An Analysis Of Applicable Conditions Of Protection Standard Theory

In 2017,the Supreme People’s Court introduced the protection standard theory to analyse litigation rights in the Liu Guangming case,which has been enriched by judicial practice to form a Chinese style protection standard theory.After the introduction of the protection norm theory by the Supreme People’s Court,there was a rich discussion in the academic circle,including two views in favour of the introduction of the protection norm theory and those who disagreed with the introduction of the protection norm theory.The current discussion of scholars seems to be caught in the dilemma of a single choice of protection normative theory,ignoring that the application of protection normative theory needs to meet certain conditions.From the premise of the application of the theory of protection norms,the theory of protection norms is used to argue subjective public rights and subjective litigation as a premise,while the subjective and objective litigation orientation of China’s administrative litigation structure determines that the theory of protection norms can only be applied under certain conditions;from the object of judgment of the theory of protection norms in judicial practice,the determination of litigation rights depends on two elements,and it is necessary to clarify the object conditions of the theory of protection norms;from the From the analysis framework of the protection normative theory,modern administrative law gives the administrative subject the role of the coordinator of interests,regulation of the administrative decision to consider only the legal relationship between the two sides of the protection normative theory can only be applied under certain conditions.The second article of the Administrative Procedure Law is determined as the normative basis of the protection normative theory,and the administrative act is determined as the object condition of the protection normative theory,the lawful rights and interests as the content condition of the protection normative theory,and the third person with reciprocal interests as the subject condition of the protection normative theory,which is a feasible path to break through the dilemma of the single choice of the protection normative theory.