On The Determination Of The Qualification Of The Whistleblower As A Plaintiff In Administrative Litigatio

Reporting is conducive to the realization of citizens’ right to supervision.In recent years,with the people’s awareness of the rule of law continues to improve,and reporting-related cases are emerging.But how to determine the eligibility of the whistleblower administrative litigation,theoretical and practical views vary,controversial.Guiding Case No.77 proposed to distinguish between private interest whistleblowers and self-interest whistleblowers on the plaintiff qualification of the whistleblower,and was absorbed by the 2018 "line litigation interpretation".But this does not solve the problem of the plaintiff’s eligibility to judge the controversy caused by the whistleblower,but rather amplifies the defects of our administrative litigation plaintiff qualification.the identification of administrative litigation plaintiff qualification of whistleblowers as the object of research,through empirical analysis,literature analysis,comparative analysis and other methods,combing relevant laws and regulations and analysis of judicial cases,found that the current two judgment methods have certain problems,this paper in-depth analysis of the causes of the problem in order to determine the eligibility of the plaintiff whistleblower to put forward feasible proposals.This paper focuses on the existing standard of legitimate interests of the whistleblower plaintiff qualification and the protection of normative theory used to determine the two methods of judgment,to guide the case No.77 as an example of the standard of legitimate interests of the whistleblower to obtain the plaintiff qualification need to have their legitimate rights and interests are damaged and their legitimate rights and interests are damaged and the existence of causal relationship between the administrative action,and to explain the key The key elements of legitimate interests and causal relationship between the definition of the problem.The reason for the failure of the standard of one’s legitimate interests is that it is not clearly defined what kind of rights and interests are infringed by the administrative act and the sequence of causality is not followed.2017 Liu Guangming case proposes the protection norm theory to judge the plaintiff’s qualification,and by sorting out the three typical cases of the Supreme People’s Court applying the protection norm theory,it is concluded that the protection norm theory applied by the Supreme People’s Court tends to the new protection norm theory,which replaces the interest The Supreme People’s Court applied the protection theory,which replaced the interest with the subjective public right and used the protection theory to judge the subjective public right.At the same time,because the protection norm theory is an extraterritorial theory,there is no solid local theoretical foundation in China,and this paper takes the decisions of local courts at all levels as examples to sort out three common problems in the application of the protection norm theory,namely,the scope of the norm is too narrow,the interpretation method is too harsh,and the judicial application is mechanistic.Finally,this paper discusses how to improve the application of the protection norm theory from three aspects: clarifying the prerequisites for application,finding the normative basis and choosing the interpretation method.Because in the protection of the normative theory,even if the whistleblower reported for private interests,it does not necessarily have plaintiff status.Therefore,the four types of private interest whistleblowers in judicial practice are placed under the protection of the normative theory of sub-type discussion.