| Zhou Qiao er argued that the planning changes made by the Suichang County Natural Resources and Planning Bureau were illegal,resulting in the inability to register the house he purchased,and therefore brought the bureau to court.The article analyzes the shortcomings of the creditor’s administrative litigation plaintiff qualification in this case from the focus of the dispute and makes corresponding suggestions with a view to positively influencing theoretical research and judicial practice in this field.The article is divided into four parts:Part Ⅰ: Basic information of the case.Brief description of the case and the outcome of the trial;and summarize the two points of contention in this case: whether Zhou Qiao er’s standing as a plaintiff in administrative litigation applies to creditors,and whether Zhou Qiao er has standing as a plaintiff in administrative litigation.Part Ⅱ: Focus of Dispute Analysis.On the basis of law,judicial practice and theory,analyze the focus of the dispute.Conclusion: Zhou Qiao er’s administrative litigation plaintiff qualification applies to the provisions of the creditor,Zhou Qiao er does not have the administrative litigation plaintiff qualification.Part Ⅲ: The deficiencies in the determination of the creditor’s standing as a plaintiff in the administrative proceedings in this case.Based on the analysis of the focus of the dispute,the following issues are raised: firstly,the scope of interest is limited to legal interest,i.e.the law is unclear about the interest and the court only supports the legal interest;secondly,the criteria for determining legal interest are flawed,i.e.the only standard of relief is negligent to protect the creditors and the standard of protection norm is out of line with the national law and practice;finally,the court’s supervision of the administrative organ is weak.Finally,the court’s supervision of the administrative authorities was inadequate,i.e.the review of the legality of the act complained of was followed by the determination of the plaintiff’s standing and the court’s negligence in supervising the administrative purpose of the plaintiff’s standing.Part Ⅳ: Suggestions for improving the qualification of creditors as plaintiffs in administrative proceedings.On the one hand,the scope of interest is expanded to de facto interest,that is,the law clearly provides for the interest and the court discards the de jure interest;on the other hand,the supervisory perspective constructs the de facto interest determination criteria,that is,based on national law and practice and strengthens the protection of creditors as the principle of construction,the plaintiff’s qualification is linked to the review of the legality of the act being sued as the construction of the The purpose of supervision is to measure whether the plaintiff is qualified or not as the standard content. |
