| The administrative litigation plaintiff is important constituents of administrative litigation chief and also is the key to launch the administrative proceeding. Although it decides whether citizens corporate or other organizations can accept the help through the way of litigation the eligibility of administrative litigation plaintiff is a problem of that it is controversial and complex on theory and practice. The research of the eligibility of administrative litigation plaintiff is quite weak from administrative litigation system was constructed and lead to the imperfect of legislation and plaintiff eligibility was narrow and narrow during the justice practice. It is a limitation to the protection of citizens or corporate or other organizations and also a limitation for supervision to executive. For these reasons it is necessary to research and make a discussion for the eligibility of administrative litigation plaintiff. This article contains five sections:The main content of the first section is the analysis of the meaning of administrative litigation plaintiff eligibility, value of plaintiff eligibility and constraints factors to identify plaintiff eligibility. In this section, it focuses on the concepts relationships among the eligibility of plaintiff and defendant identification of plaintiff eligibility etc.The main content of the second section is the synopsis of the theory and practice on the administrative litigation plaintiff eligibility. In this section, it analysis the common features on development of administrative litigation plaintiff eligibility theory and aggregate three indications from the legislation of administrative litigation plaintiff eligibility abroad.In the third section, the history development of administrative litigation plaintiff eligibility was exposited and the characteristics and inadequate of administrative litigation plaintiff eligibility during four periods are analyzed.In this section, the identification conditions of current administrative litigation plaintiff eligibility of china and the inadequate of administrative litigation plaintiff eligibility rules and the problem of definition to plaintiff eligibility under several special situations are analyzed.The fifth section contains three proposals for the identification of administrative litigation plaintiff eligibility in china to improve it: 1. Widen administrative litigation plaintiff eligibility appropriate; 2. Reduce the restrictions of the legitimate rights; 3. Improve the identification of causal relationship. |
