Research On The Application Of Protection Norm Theory In Plaintiff Qualification Determination

The theory of protection norms originated in Germany,and the existence of subjective public rights was determined by explaining the rights and interests behind the intention of legal norms.Subjective public rights are the rights and benefits conferred on citizens by public legal norms,and citizens can therefore ask the state for specific behaviors or not.The main role of the theory of protection norms is to transform the judgment of rights into the process of interpreting legal norms.Since the Liu Guangming case,Chinese courts have begun to apply the theory of protection norms to judicial practice,transforming judgments of interests into subjective public rights judgments,and standardizing and demonstrating the issue of plaintiff qualification in administrative litigation.However,the introduction of extraterritorial theory has caused controversy among many scholars,but overall,China still has the possibility and necessity of applying the theory of protection norms.Because judicial practice is in the initial stage of application,there may be dilemmas such as inaccurate understanding of the theoretical connotation of protection norms,lack of a universal path for uniform application,and obstacles to application due to external factors.The application of the protection norm theory in the determination of plaintiff qualification in administrative litigation needs to be improved from the following levels: First,re-understand the protection regulation theory applicable in China should be a localized protection regulation based on the new protection regulation theory,and flexibly grasp subjective public rights and reflective interests.Second,the protection norm theory generally only applies to the qualification of plaintiffs of interested parties.The qualification determination should be divided into three steps: first,the identification of the personal interests of the object of protection based on legal norms,and the confirmation of the subjective public rights of the interested parties;second,the determination of the cause and effect between the damaged rights and the administrative action against Relationship;Finally,it points out the need for personal rights to be protected by administrative litigation.Third,regulate the court’s use of judicial administrative discretion,and strengthen the normative application of the theory of protection norms by issuing administrative guidance cases and making relevant judicial interpretations.Three levels of improvement suggest that the accuracy and application of the protection norm theory will be promoted,which will promote a reasonable balance between the protection of rights in administrative lawsuits and the prevention of excessive litigation,and make the identification of plaintiff qualifications in administrative lawsuits clear and objective.