On The Standard Of Qualification Of Plaintiff In Administrative Litigation

The plaintiff qualification in administrative litigation is the basis of the administrative litigation system,the new "administrative procedural law" to "interest" as the definition for the core elements,and whether the plaintiff qualification on "interested" definition,and concluded that "the stakes" approach does not make clear a regulation,thus to form a unified theoretical and practical circles.At the same time,the theory of protection norm originated from Germany adds a brand-new mode to the practice operation of judging plaintiff’s qualification in China.In the attempt of localization,although the "Liu Guangming case" is the guide and laid the normative foundation in 2018,but as the "imported" protection normative theory is rooted in the nature of foreign legal sources,it is inevitable that the application of the "not accliding to the soil" in the judicial application,and even runs contrary to the original intention of the obtained theory.These problems need to be solved urgently.The key to solving these problems lies in the analysis and connection of the theoretical origin and judicial application of the two standards.This paper starts from the case,takes "interest","plaintiff qualification",Article13 of "Action Interpretation" as the clue,and through the case integration and sorting,finds that there are problems in the standard of interest in judicial practice,such as inconsistent identification standards,lack of reasoning strength,and separation of the right of action and the right of entity claim.Although the standard of subjective public right has remedied its drawbacks,it also faces the difficulties of judicial application,such as mechanical application,rigid interpretation and too strict interpretation.Therefore,this paper holds that before the application of the new identification standard,the basic positioning of administrative litigation in China should be defined,that is,the litigation mode with subjective litigation as the main part and objective litigation as the collateral function.Again on this basis,the path of judicial application of rules and regulations,clear its applicable steps: first positioning case involving legal norms,is usually as directly on the basis of administrative subject to administrative behavior,but not only limited to the administrative legal document content specification,and shall be broaden to do integration of the whole administrative legal norm system;Secondly,it explores the protective orientation of the legal norm,taking objective interpretation as the basic method and exploring the subjective interpretation method of the legislator’s purpose as well,so as to judge whether it protects the interests of specific individuals or subjects in a specific range besides protecting the public interests.Finally,judge whether the claims of rights and interests fall into the normative protection circle.At the same time,on the basis of adapting to the litigation system of our country,we draw lessons from the German way of processing by stages.In the stage of prosecution,loose standards are taken as the threshold,and after entering the stage of entity trial,it is strictly screened,and the legality of the administrative act prosecuted and the causality of the loss of rights are examined simultaneously,so as to identify the subject whose real rights are damaged and worthy of protection.At last,this paper thinks that the conditions and opportunities are not yet ripe for the local transformation from traditional identification standards to new ones.We should be careful to realize the change of plaintiff’s qualification standard,and distinguish the two standards.Strengthen the legislative basis and give full play to the guiding role of cases,realize the combination of "normative" and "flexible",and gradually expand the scope of plaintiff qualification.