民事权益受损者行政诉讼原告资格考辨

民事权益受损者本应通过民事诉讼获得救济,一旦其请求行政机关介入查处违法行为或解决民事纠纷时往往会引发行政诉讼原告资格问题.本文采实质诉权说认为,民事权益受损者起诉权的认定应以公法请求权为基础,故需以保护规范理论为工具探寻公法规范中是否包含保护私人利益的指向,而非简单以侵权行为影响论或行政行为影响论判断受害者的行政诉讼原...

On the Plaintiff Qualification of Administrative Litigation for those whose Civil Rights and Interests are Damaged

Those whose civil rights and interests are damaged should have obtained relief through civil litigation.Once they request the administrative organ to intervene in investigating and dealing with illegal acts or solving civil disputes,it will often lead to the problem of plaintiff qualification in administrative litigation.Based on the theory of substantive right of action,this paper holds that the identification of the right of action of the injured of civil rights and interests should be based on the claim right of public law,so it is necessary to explore whether the public law norms include the direction of protecting private interests by using the protection norm theory,rather than simply judge the plaintiff qualification of the victim’s administrative litigation by using the tort influence theory or the administrative act influence theory.Although the civil rights and interests of the injured are the private law rights,when the performance of duties or inaction of the administrative organ fails to play an effective role in protection,the private law rights can be transformed into public law rights,and then obtain the protection of public law norms.In different fields of administrative intervention in civil affairs,there are differences in the identification of plaintiff qualification for different public law claims of civil rights and interests injured,so we should make a judgment in combination with specific legal norms.