On The Trend Of Development Of The Plaintiff's Qualification In Administrative Litigation In China

Any modern administrative law include two parts in the form: one is restraining the power of the country, the other is protecting the civilian rights The administrative power and the civilian rights. It is the core and the most important contradiction between administrative power and civilian rights in which the administrative law regulate so many social contradictions .The relationship of power and rights is the basic problem in administrative law. The contradiction of power and rights is a paradox .The way and mark of legality modernization are in right against power, and the condition each other of them. The reason of reform or revolution in history is the power concentration or the rights dispersed. It's very difficult to set reasonable balance between right and power .The constant march of reform exists the varying environment changes the balance standard which result in the constant march of reform existing. The rule by law of China is confronted with the last. The scared power still restricts the rights seriously Without powerful civilization of regulation. The others cannot develop smoothly, and without rights against power. The civilization of regulation will lose the basic establishing conditions .The Chinese try to establish market system which is democratic .This needs the separation of rights and power, the dependent of rights from power, the social structure of rights controlling power.The fundamental way of legal system modernization is from power ruling society to rights and power interacting. It is thinking of the plaintiff qualification in administrative legalization from the relation, of rights and power. And fundamentally, it is the result of competition between rights and power when plaintiff qualification exists. The most significant of reasonable design about plaintiff qualification can help the society well-developing, establishing rule by-law, creating the democratic idea.This thesis includes four parts, introduction and conclusion. It is 35000 words in all. The introduction explains purpose and the train of thought about thesis.Part One : Basic theory .It states the evolution from rights against power to rights and power interacting through analyzing connotation of rights and power. Constitutionalism and the competition between rights and power.Part Two: It expresses the protection of administrative litigation rights, and influence of legalization rights to plaintiff, in convey of plaintiff, value of legalization rights and other relative concept.Part Three: The study of the standard and development about plaintiff qualification oversea. Reveals the protection of legalization rights and civilian rights oversea, as well as ours emergently and necessarily.Part Four It establishes the plaintiff qualification from protection of civilian legalization rights, and the legalization value through analyzing purpose influencing legalization, the defect in our statute and the competition of rights against power.The end gives the conclusion and hope of future .It points out that the key to realizing rule by law of China is protecting the civilian rights and legalization rights, The symbol of legal system modernization is the separation and interaction each other between rights and power.