Subjective Public Rights,the Theory Of Protection Norms And The Plaintiffs Qualification In Administrative Litigation

The standard of qualification of plaintiff in administrative litigation in China is "Interest Standard".At present,various theories about "Interest Standard" in academic circles lack objectivity and operability.The Supreme People’s court introduced the theory of "Subjective Public Rights" and "Protection Norms" in German law in the retrial ruling of“Case Liu Guangming v.Zhangjiagang Government”,and reinterpreted the "Interest Standard".The case replaces the "Interest Relationship" with "Subjective Public Right",and then explores "Subjective Public Rights" by the Theory of "Protection Norms",connects the "Subjective Public Rights" in the administrative substantive law with the plaintiff qualification in the administrative procedural law,which provides a stable legal debate platform for the identification of "Interest Relationship".German administrative litigation regards plaintiff qualification as the existence of "Subjective Public Rights",and then returns to the norms of administrative substantive law.Then,it uses the theory of protection norm to explore the purpose of protection of norms,and finds the basis of the right of claim for individual claims.The protective norm,while promoting public interest,must also have the tendency of protecting private interests,so as to produce "Subjective Public Rights",otherwise it can only be "Reflective Interest".The theory of "Subjective Public Rights" and "Protection Norms" connect the administrative substantive law and administrative procedure law.It is similar to the analysis method of claim right in private law,and can be used as a legal and technical tool to judge the interest relationship in China.This is of great significance for China to refine the criteria of the plaintiff qualification,purify the scope of plaintiff qualification and strengthen the protection of rights.However,as a theory of extraterritorial,it has its own internal contradictions and external institutional dependence,which needs dialectical analysis.Generally speaking,administrative litigation in China is a subjective litigation model,which is suitable for the growth of the theory,and its open interpretation can also make up for the dependence on empirical law,but the technical requirements of legal interpretation are higher.In our judicial practice,we should pay attention to the premise of the theory is that the subjective public rights and interests are unknown,the typical application field is the lawsuit of the third party to cancel,and the operation should be divided into two levels and three steps.In the interpretation method,it should take the objective and systematic position,not limited to the original intention of legislation.Meanwhile,in order to enhance the adaptability of this theory in China,based on the theory of phased litigation process,the plaintiff qualification in China should be defined as the substantive one,which belongs to the litigation element rather than the prosecution element in nature,and the plaintiff qualification is constructed in many levels according to different types of litigation.