英文摘要 |
In the context that the plaintiff qualifications of the direct interested party are no longer disputed, the plaintiff qualifications of administrative litigation essentially refer to the plaintiff qualifications of the administrative third party. Proceeding from the system interpretation, combined with the case registration system and the typology of the third party in the litigation, the legislative intention of relaxing the plaintiff qualification control was very obvious in the amendment of China's administrative procedural law in 2014. In addition to the technical advantages of legal interpretation and the theoretical guidance advantages of dogmatics of law, the theory of protection norms plays a limited role in the protection of litigation right. The legislative change from ''legal interest relationship'' to ''interest relationship'' should be interpreted as the expansion of plaintiff qualification in administrative litigation in China. At the same time, the ''gradient'' structure of plaintiff qualification judgment in administrative litigation has been formed. Firstly, we should analyze the ''legal'' interests according to the theory of protection norms. And secondly, we should make a judicial judgment on the ''de facto'' or ''agreed'' interests. Finally, when the plaintiff qualification of the administrative third party cannot be proved, and the legal conditions are met, the administrative public interest litigation procedure should be started in time to realize the system connection between administrative subjective litigation and objective litigation. In the gradient structure, the theory of protection norms is a part of the qualification judgment system of plaintiffs in China. |