A Study of the Perfection of Administrative Litigation Plaintiff and Defendant Pualifications System: On China's“Administrative Arocedure Law”Amendment
LU Xiaochua
Abstract
LU Xiaochua
Abstract
China's current identification of plaintiff qualification in administrative litigation is rightsand subjectivismstandard,the identification of defendant qualification in administrative litigation is theadministrative subject,administrative act,responsibility subjectthree in one standard,these standards play an important role for identification of party'qualification in early implementation of administrative litigation law,but with development of society,it has been not suitable for requirements of development of administrative litigation,and it become one of important reasons of administrative prosecution difficult.It is necessary to broaden scope of plaintiff qualification in administrative litigation,and changethe legal interest standardto the interests of legal standard,and put plaintiff qualification of administrative public interest litigation in administrative procedure,and set thewho acts,who accused principle,implement system that if case reconsidered,the reconsideration organ shall be defendant.we expect to improve plaintiff and defendant qualifications system in administrative litigation of China.
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China's current identification of plaintiff qualification in administrative litigation is rightsand subjectivismstandard,the identification of defendant qualification in administrative litigation is theadministrative subject,administrative act,responsibility subjectthree in one standard,these standards play an important role for identification of party'qualification in early implementation of administrative litigation law,but with development of society,it has been not suitable for requirements of development of administrative litigation,and it become one of important reasons of administrative prosecution difficult.It is necessary to broaden scope of plaintiff qualification in administrative litigation,and changethe legal interest standardto the interests of legal standard,and put plaintiff qualification of administrative public interest litigation in administrative procedure,and set thewho acts,who accused principle,implement system that if case reconsidered,the reconsideration organ shall be defendant.we expect to improve plaintiff and defendant qualifications system in administrative litigation of China.
Key concepts: Plaintiff, Law, Scope (computer science), Administrative law, China, Business, Identification (biology), Public interest