行政诉讼原告资格之“利害关系”要件研究

发布时间：2018-09-03 14:18

【摘要】：行政诉讼涉及许多问题,诸如受案范围、管辖、诉讼参加人等等,而诉讼参加人中原告资格更是其中关键一环。随着社会的进步和发展,对个人权利的保障要求也是越来越高,扩大行政诉讼原告资格范围,逐步成为完善行政诉讼制度的共识。我国的行政诉讼制度虽然起步晚,但起点高,发展快,行政诉讼原告资格范围不断变化并趋向扩大,理论和实务界一度辩论不休的原告资格问题基本得到统一。但是,虽然如此,看似统一的观点、明确的法条,在具体的司法实践中还是碰到了问题,案件的争议焦点大多停留在起诉人是否和具体行政行为有“利害关系”上,对“利害关系”的界定问题争议颇多,这直接影响原告的是否适格。2015年5月1日,修改后的《行政诉讼法》正式实施,标志着我国对原告资格的界定进入“利害关系”标准时期,但即使如此,有些问题还亟需解决,如:“利害关系”的定义问题,它在理论和实务上有什么区别?用“利害关系”取代“法律上的利害关系”是否就标志当下阶段已经完成了对原告资格范畴的扩大?等等,对于这些问题回答的不一致,给实践造成了一定程度的困境。《行政诉讼法》的修改与生效,特别是第25条的变化具有实质意义,关于原告资格问题,特别是对“利害关系”的界定,仍然值得研究、探讨。基于此,本文研究的宗旨就在于结合实践,从应用型角度出发,以“利害关系”要件为重点,研究行政诉讼原告资格的条件。通过分析“合法权益”和“因果关系”,对“利害关系”的界定加以厘清。并初步得出结论,本次修法用“利害关系”取代“法律上的利害关系”,并非是对原告资格范围的当然扩大,它的本意是从当下实际出发,充分利用司法的灵活性,既能充分保障公民权利、监督政府权力,又能保证司法秩序的稳定和行政效能的最大发挥,更为重要的是,也为将来原告资格范围的扩充提供了可能。因此,我们亟需通过立法先行和积累实践经验,探索最佳路径,循序渐进的推进行政诉讼原告资格制度的完善,促进法律与实践的统一。
[Abstract]:Administrative litigation involves many issues, such as the scope of the case, jurisdiction, litigants, and so on, and the plaintiff's qualification is one of the key links. With the progress and development of the society, the requirements for the protection of individual rights are becoming higher and higher. Expanding the scope of the plaintiff's qualification in administrative litigation has gradually become the consensus of perfecting the administrative litigation system. Although the administrative litigation system of our country starts late, but the starting point is high, the development is fast, the scope of administrative litigation plaintiff qualification is constantly changing and tends to expand, and the problem of plaintiff qualification, which has been debated endlessly in theory and practice circles, has been basically unified. However, in spite of this, the seemingly unified point of view and the clear articles of law still run into problems in the specific judicial practice. Most of the disputes in the case focus on whether the prosecutor has an "interest" in the specific administrative act. There are many disputes over the definition of "interest", which directly affects the suitability of the plaintiff. On May 1, 2015, the revised Administrative procedure Law was formally implemented. The definition of plaintiff qualification in China has entered the period of "interest" standard, but even so, some problems still need to be solved, such as: the definition of "interest", what is the difference between theory and practice? Does the replacement of "legal interest" by "interest" signify that the scope of the plaintiff's qualification has been expanded at the present stage? And so on, the inconsistent answers to these questions have created a certain degree of dilemma in practice. The amendment and implementation of the Administrative procedure Law, especially the change in Article 25, is of substantive significance, as regards the question of the plaintiff's qualification, In particular, the definition of "interest" is still worth studying and discussing. Based on this, the purpose of this paper is to study the qualification conditions of plaintiff in administrative litigation from the point of view of practice and from the point of view of "interest". The definition of "interest" is clarified by analyzing "legal rights and interests" and "causality". The preliminary conclusion is that replacing "legal interest" with "interest" in this amendment is not an extension of the scope of the plaintiff's qualification, but it is intended to take full advantage of the flexibility of the judiciary from the point of view of the present reality. It can not only fully protect the civil rights, supervise the government power, but also guarantee the stability of the judicial order and the maximum exertion of the administrative efficiency. More importantly, it also provides the possibility for the expansion of the scope of the plaintiff's qualification in the future. Therefore, it is urgent for us to explore the best way to improve the plaintiff qualification system of administrative litigation step by step and to promote the unification of law and practice through legislation and accumulation of practical experience.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.3

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