Study On The Plaintiff Qualification Of Informer Of Academic Misconduct In Administrative Litigation

In the administrative lawsuits brought by informers of academic misconduct who are dissatisfied with the replies,the court identifies the plaintiffs as the informers for private interests and public interests,and used the theory of protection norms and the standard of "protecting one’s own legitimate rights and interests" to carry out the review of the plaintiff qualification,and came to the conclusion that the informers of academic misconduct for public interests must not have the qualifications as plaintiffs,and the informers of academic misconduct for private interests do not consequentially have the qualifications as plaintiffs.By sorting out the existing theories and relevant judicial practices,and reflecting on the judicial position of the court,it can be found that there are misunderstandings of excessively expanding the plaintiff qualification of the informers of academic misconduct for private interests and improperly restricting the plaintiff qualification of the informers of academic misconduct for public interests.The root cause of the above-mentioned misunderstanding is that the court failed to correctly understand the relationship between the two judgment standards,the relationship between the standard of "protecting one’s own legitimate rights and interests" and " the theory of protection norms ",which is used as a judgment tool for "interests" is not an either-or relationship,but a complementary relationship.Therefore,when reconstructing the path of the review of the plaintiff qualification of the informers of academic misconduct,we should pay attention to the following concerns: Firstly,when examining the plaintiff qualifications of the informers of academic misconduct for private interests,the theory of protection norms should be used to make a judgement on the legitimate rights and interests,and the necessity of protecting one’s rights and interests of private law in the administrative litigations shall be fully considered;secondly,when examining the plaintiff qualifications of the informers of academic misconduct for public interests,the right to request should be explored at first,and the plaintiff qualifications of the informers of academic misconduct for public interests should be directly recognized when the informer’s right to request is clearly stipulated in the relevant legal norms without resorting to the theory of protection norms,and at the same time,for the professional informers,we should apply the standard of "protecting one’s own legitimate rights and interests" and use the purpose interpretation method to exclude their plaintiff qualifications.Reconstructing the path of the review of the plaintiff qualification of the informers of academic misconduct can not only clarify the plaintiff qualification of this group of people in administrative litigations and review the rules for the plaintiff qualification,but also strengthen the supervision function of the inform system on the governance of academic misconduct,thereby promoting the standardization and legalization of the governance of academic misconduct.