Research On The Qualification Of Whistle-blower As Plaintiff In Administrative Litigation

The right to report is a basic right of citizens,a concrete form for citizens to exercise supervision,and an important way to safeguard citizens’ rights and participate in public administration.Administrative reporting cases are a kind of administrative cases arising from citizens’ right to report.The plaintiff of such cases is undoubtedly the whistleblower,but the plaintiff qualification of the whistleblower needs judicial confirmation.At present,there is no unified opinion on the qualification of whistleblowers as plaintiffs in administrative litigation.The No.77 guiding case issued by the Supreme People’s Court in 2016 examines whistleblowers’ plaintiff qualifications by dividing public interest reports and private interest reports.This method was absorbed by the Judicial Interpretation of Administrative Litigation in 2018,which formed the standard for identifying the interest between the whistleblower and the administrative actions of administrative organs in order to safeguard their legitimate rights and interests.In 2017,the guiding case No.169 once again introduced the subjective public right standard to judge the plaintiff qualification of administrative litigation,so that the plaintiff qualification of the private interest whistleblower was no longer generally recognized.In judicial practice,either the above two standards are adopted in the trial of the same case,or a large number of similar cases adopt different standards.Therefore,there is still much room for research on the qualification of plaintiff in administrative reporting cases.By analyzing the qualification of the plaintiff who is the subject of specific reporting behavior,this paper points out that in judicial practice,there are some defects in the standards of interest,such as inconsistent standards,insufficient theoretical reasoning,vague legal rights and interests,and separation of litigation right and substantive claim right.Although the standard of protection helps to bridge the disadvantages of the standard of interest,there are also some difficulties such as judicial application machinery and lack of uniform application path.Therefore,before applying the emerging standards,we should first return to the basic position of administrative litigation in China,and on this basis,regulate the judicial application path and clarify the judgment steps.We should take a modest and prudent position in the turn of the cognizance standard,and further improve the relevant system of plaintiff qualification judgment in combination with local practice.