Study On The Standards For The Determination Of The Plaintiff Qualification

The identification of plaintiff qualification in administrative litigation is a major problem that the court must solve,and it is also the responsibility that the court cannot push.However,the identification of plaintiff qualifications has always been a very complicated issue,and it is also the focus and difficulty of trial practice.Along with the expanding trend of plaintiff qualifications in administrative litigation,the Administrative Litigation Law amended in 2014 changed the plaintiff qualification standard to the “interested interest” standard.In the issue of the standard of accreditation of plaintiffs in administrative litigation,different fields have different expressions.Existing legal norms,administrative trial practices,and academic fields have different qualifications for plaintiffs in administrative litigation.The stipulations of the plaintiff qualifications for administrative litigation stipulated by the statute law are divided into three levels.The administrative counterparts are stipulated in the Administrative Litigation Law and the Opinions before the revision in 2014;the legal interest standards are stipulated in the "Several Interpretations";The interest criteria are set out in the 2014 Administrative Litigation Law and the new Applicable Interpretation.In the administrative trial practice,the standard of accreditation of plaintiff in administrative litigation is generally applicable: there is subjective right;the right may or may be infringed upon by the accused administrative act.In the academic field,the standard of accreditation of plaintiffs in administrative litigation focuses on “equity” on the one hand,and emphasizes the degree of influence on the other hand,that is,“legal causality”.The revised standard of the plaintiff qualification after the revision of the Administrative Litigation Law,that is,the "interested interest" standard has its progressive significance.On the one hand,it expands the qualifications of plaintiffs in administrative litigation and is conducive to the dual purpose of administrative litigation;on the other hand,it also prevents judges from making laws,which is conducive to the unified advancement of the plaintiff’s qualification standards.But the "interests" standard is not all-encompassing,but also has limitations.This paper proposes that in the improvement of the plaintiff qualification criteria after the revision of the Administrative Litigation Law,on the normative level,it is necessary to use flexible interpretation to determine the plaintiff’s qualifications.Recognizing the multi-dimensional structure of the plaintiff’s qualifications in administrative litigation,it is also necessary to further relax the "interesting interest" standard within the scope of legal norms and expand the plaintiff’s qualifications.On the pragmatic level,the plaintiff qualification is determined by a comprehensive measurement method.Incorporate “worth for protection” and broaden the scope of application of “normative protection theory”.