| In the modern risk society,the theory and system of administrative law are facing enormous challenges.Administrative litigation plays an important role as a tool for defending individual rights and supervising the government’s administration according to law.However,the complexity of risk administrative interests,the uncertainty of risk results and the objective uncertainty of causality lead to difficulties in determining the qualifications of plaintiffs as the starting point of administrative litigation.This article starts from the identification of plaintiffs’ qualifications in administrative litigation of risk regulation,discusses the issue of plaintiffs’ qualifications in administrative litigation,starts from the development process of protection norm theory and subjective public rights,traces the theoretical development and practical turn of plaintiffs’ qualifications,conforms to the development trend of expanding the scope of plaintiff qualification in administrative litigation as well as the development trend is gradually changing from strict to loose.Drawing on the French objective litigation standard for plaintiff qualification identification with the core element of interest infringement,multiple judgment standards and causality are proposed for the optimization path of plaintiff qualification identification in risk regulation administrative litigation.The principle of application of relationship: On the basis of multiple judgment standards,the identification of legitimate rights and interests shall,in which,establishing a model that focuses on the purpose of legal norms,the social effects of administrative behaviors and also adopts factual factors,taking the substantive law norms as the benchmark to face up to the social effects of individual rights and interests orientation;in the application of causality,in principle,the risk maker must prove the innocence of his activities,adopt the possibility standard and presume the application of causality. |
