Research On The Plaintiff Qualification Of Creditors In Administrative Litigatio

The issue of plaintiff qualification in administrative litigation has always been a difficult issue in administrative law.In the case involving the creditor’s administrative litigation,the plaintiffs qualification of the plaintiff in the administrative litigation of the prosecutor is more complicated.Generally speaking,the creditor’s rights relief should be solved under the path of private law,but in judicial practice,there are also cases where the creditor’s plaintiffs qualification in administrative litigation is recognized.By combing and analyzing existing judicial cases,the following three situations can be summarized:first,direct provisions based on laws and regulations and judicial interpretation;second,effective judicial judgments;third,private legal relief is difficult to achieve the purpose.Article 13 of the 2018 Interpretation of the Supreme People’s Court on the Application of the Administrative Procedure Law of the People’s Republic of China(hereinafter referred to as the 2018 Interpretation of Litigation)also stipulates that creditors are qualified as plaintiffs under special circumstances that should be protected or considered when administrative organs take administrative acts.Unlike the general administrative litigation plaintiff qualification case,the creditor’s administrative litigation plaintiff qualification case because the plaintiff who filed the lawsuit is a third-party plaintiff,the damage to the creditor’s legitimate rights and interests is the result of the joint action of the debtor and the administrative act,and the damaged rights and interests are not necessarily the creditor’s rights and other characteristics that make The handling has the following three difficulties:the first is the determination of the relationship between the creditor and the administrative organ,the second is to consider the reasonable distinction between civil litigation and administrative litigation,and the third is the limitations of the existing legal norms.In particular,Article 13 of the Interpretation of Action in 2018 still needs to be further refined and is not enough to cover all types of administrative litigation cases involving creditors,so it is necessary to return to the"interest" standard stipulated by existing laws to find a suitable judgment method.Among them,the original identification methods "actual impact theory","legitimate rights and interests+causality law" and "special interest theory" have great limitations.The theoretical idea of protection norms introduced in recent years has unique advantages over the original interest identification method.First,it can convert the core of the identification into the identification of subjective public rights to solve the problem of association identification between creditors and administrative organs;second,it is conducive to balancing the protection of litigation rights and the prevention of abuse of lawsuits.It is more suitable for the judgment of the plaintiffs qualification of creditors.Finally,drawing on the experience of the use of the extraterritorial protection standard theory,combined with China’s judicial practice,the specific application of the protection standard theory should do the following two aspects:on the one hand,to clearly explore the scope of the protection standard theory,and on the other hand,to improve the three steps of applying the protection standard theory.