Font Size: a A A

On Administrative Litigation From

Posted on:2012-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2216330344450882Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The plaintiff's qualification of administrative proceeding is a key concept of the lawsuit system. It is one of the qualifications to raise an administrative lawsuit. It is significante to reach the Administrative litigation plaintiff qualification in theory and in practice. On the plaintiffs understanding, administrative litigation in China exists different theories, basically have relative said, interested party said, cognizance rule said, legal interests said and program entity combining said. Foreign administrative litigation of the plaintiff has experienced the process from strict to loose, interest is the key factor prescribed plaintiff qualification. Welfare administration development makes the administrative behavior to expand into every aspect of life. Public interest litigation cases in life occur in common. There is lack of the administrative public property litigation, so it is difficult to give more comprehensive protection to the national public property. "Has the right, administrative litigation shall relief" as a kind of institutional and preset sexual rights, its universal real existence, can form a constraint to executive power potential and powerful constitutional atmosphere, which makes the administrative subject conside its behavior accoreding tolegitimacy and rationality seriously Citizens's administrative litigation expansion has very important constitutional value and meaning. Administrative law is the law of the meanings, illegal administrative act must bear the corresponding legal liability. Eexpanding the administrative litigation plaintiff qualification can have better protect people's freedom against despotism. Citizen's participation in the consciousness of executive power to is improving and expanding. More and more people participate in the supervision over administrative authority. Therefore, expanding the administrative litigation plaintiff qualification is the inevitable trend and the best choice in the process of administrative litigation plaintiff qualification development.
Keywords/Search Tags:administrative proceedings, plaintiff qualification, administrative public interest litigation, administrative public property litigation
PDF Full Text Request
Related items