| In the 2016 "Luo Rongrong case",the plaintiff’s eligibility was divided by the interest defended by the whistleblower,and the court held that the private interest whistleblower enjoyed the plaintiff’s eligibility and denied the public interest whistleblower’s plaintiff’s eligibility.2018 judicial interpretation of administrative litigation,on this basis,clarified the standard of interest to determine the plaintiff’s eligibility.The court also found that the plaintiff’s rights and interests are important factors in the determination of stake.2017 "Liu Guangming case" through the introduction of the German subjective public right to replace the stake,the protection of the normative theory of public law interests,in some of the decisions led to changes in the plaintiff’s qualifications of private interest whistleblowers.The current administrative litigation in China is still the traditional determination of the plaintiff’s qualification "stake" standard,but the method of determining the stake has a new change,this paper through their legitimate rights and interests and the protection of norms that the two methods of judgment,trying to put forward a more reasonable solution to the dispute for the plaintiff’s qualification.First of all,in this paper,on the basis of the core concept of reporting and whistleblower definition,the historical development of China’s administrative litigation plaintiff qualification standard has been sorted out,clear the current system,the administrative litigation plaintiff qualification standard for the "interest" standard,the standard is the judicial practice to establish the plaintiff’s administrative litigation plaintiff qualification system basis.Secondly,this paper analyzes the whistleblower qualification standards of the two methods of judgment,namely,their legitimate interests and protection of norms,these two methods mainly on the "stake" standard of judgment,in practice there are certain limitations.In practice,the court of lawful rights and interests of the identification of ambiguous and inconsistent judgment,and the protection of normative theory to a certain extent to make up for the defects of their legitimate rights and interests,but the lack of effective application of theoretical premises in China’s judicial practice,there is also a lack of legal interpretation techniques and judicial application of mechanical and other practical problems.Finally,on the basis of analyzing the existing recognition criteria,this paper proposes a systematic construction of the method for determining the eligibility of whistleblower administrative litigation plaintiffs.First,the unification of the judgment method of interest,take the "legitimate rights and interests" as the main,"protection of norms" as a supplement to the method.Second,to clarify the protection of the normative theory of application of the judgment framework.Third,improve the filtering mechanism of whistleblower administrative litigation plaintiff qualification. |
