The Qualification Of The Informer As An Applicant For Administrative Reconsideration

As an important means of safeguarding the legitimate rights and interests of the people,reporting is widely used both in practice and in laws.Administrative agencies’ response to complaints and reports has dual meanings of procedures and entities,and the situation is often relatively complicated.Does the whistleblower have the right to request a report because of the right to report and impose a right to request a burden on a third party? Do you enjoy these rights to become an applicant for administrative reconsideration? If the reporter is not given the qualification for reconsideration,it will be difficult to maintain the legitimate rights and interests of both the administrative supervision and the parties.However,if they are all qualified for administrative review applicants.However,it is easy to cause abuse of the right of reconsideration.How to balance the two should be carefully considered.In order to study the issue of the eligibility of the applicant for administrative reconsideration,it is necessary to start from the chaos in reality and analyze the case to make clear the specific issues of the eligibility of the reconsideration applicant for reconsideration.The lack of uniform and operable standards,the lack of typed analysis of the reporter,and the simple equality of the applicant’s qualification for administrative review with the plaintiff’s qualification for administrative litigation all lead to the judgement of the applicant’s qualification for administrative review.Not consistent.On this basis,we will further discuss the criteria for judging the qualifications of applicants for administrative reconsideration in such cases.From the "administrative counterpart" standard to the "interested relationship" standard,although it is a great leap in China’s administrative review system and philosophy,due to the general nature of the "interested relationship" standard,it has created the reporter Difficulties in judging the qualifications of applicants for administrative review.Therefore,the introduction of the theory of protection norms has evolved the judgment of interests to the judgment of subjective public power,enhanced the operability of interests,and promoted the solution of the application of the "interests" standard in the judgment of the applicant’s qualification for administrative reconsideration.Secondly,when faced with this special type of administrative case,due to the different circumstances in which the right to report is exercised,the matters to be reported are not the same as the rights involved.In the current general case of reconsideration application standards,by combining specific cases,detailed and personalized research on the qualifications of different types of whistleblower administrative reconsideration applications is of practical significance.A brief classification of the reporters is made through summary observations,and they are divided into public welfare reporters and self-interested reporters due to different rights and interests.The protection of their own rights and interests is mostly concentrated in several important areas,namely,the competition rights holders,consumers,neighboring rights holders,and the victims of police law and applicants for information disclosure.An analysis of the specific situations of these types of typical whistleblower has a significant role in summarizing the practical application of the whistleblower’s administrative review applicant qualifications.This is also the innovation of this article.Finally,determining the basic positioning of the whistleblower’s application for eligibility for administrative reconsideration has a guiding role in determining the specific case.At the same time,administrative reconsideration and administrative litigation are two different ways to resolve administrative disputes.Although the qualifications of the two are basically the same in the legal provisions,in fact,they are not equal in terms of role function positioning or their respective system advantages.Therefore,from the perspective of the differences and connections between administrative reconsideration and administrative litigation,it is of practical significance to determine the basic positioning of the reporter’s relatively expanded application qualification for administrative reconsideration.The relatively expanded adjustment of the applicant’s qualification for administrative reconsideration not only conforms to its functional positioning,but also promotes the coordinated development between the two systems of administrative reconsideration and administrative litigation,and explores the situation of “cooperation in competition and complementarity in differences”.The way of formation.