The Application Of The Theory Of Protection Norms In The Qualification Of The Plaintiff In Administrative Litigation

The qualification of the plaintiff in administrative litigation is the ability of an individual to file an administrative litigation to obtain relief when an administrative act infringes his legal rights.Since the birth of the "Administrative Litigation Law",the scope of subjects that can initiate administrative litigation has been changing and presenting an ever-expanding trend.In 2014,the new Administrative Litigation Law divides this qualification into two,which is divided into administrative counterparts and interested parties,which further expands the scope of administrative litigation plaintiff qualifications.However,in practice,the identification of interested parties is quite controversial.In order to solve the problem of difficulty in determining the interest,some scholars suggest to introduce the German protection norm theory,which can be used to determine the subjective public rights through the method of legal interpretation to determine whether it has the qualification of the plaintiff.The application of this theory is conducive to further clarify the scope of the qualifications of the plaintiff in administrative litigation,reduce abuse of litigation,and improve the efficiency of litigation,so that administrative litigation can truly play its role in protecting rights and interests.And this theory also conforms to the system structure of my country’s administrative procedure law and the original intention of protecting rights and interests.Based on this consideration,in 2017,my country introduced the theory of protection norms for the first time in the judgment,but there are still many problems in the process of use.Because it is a system introduced abroad,the understanding of this theory is mostly only in the interpretation of the Supreme Law,and many courts misunderstand the application premise,purpose and application field of the protection norm theory in its application.After the introduction,there has never been a more uniform application procedure,relying only on the specific provisions in the judicial interpretation,making the administrative disputes unable to be completely resolved and the administrative procedures idling.Therefore,in order to protect the normative theory to play a role in clarifying the qualifications of the plaintiff in administrative litigation,it should be fully understood that the prerequisite for the application of the normative protection theory is that the nature of the benefit applied for relief is unclear.The clarification of the system aims to exclude reflective interests and exclude the theory from other laws.The situation where the field applies.Provide a relatively stable application step for the application of the protection norm theory,clarify the scope of the protection norm and then use the interpretation method of the purpose of the norm,so that the theory can truly achieve its benefits.