论行政诉讼中民事债权人的原告资格——就“民事债权人诉政府土地行政登记案”的法律分析

Plaintiff's Standing of Civil Creditor in Administrative Litigation——A Legal Analysis of the Case of Civil Creditors Suing Government for Land Registration

在诉讼中,当民事债权人申请法院查封债务人的相关财产以保障其自身债权时,他们的这一权益就受到法律的特殊保护,有别于普通债权。同时,债务人对被查封财产的处分权也受到相应限制。本文援引案例中,人民法院应债权人要求查封债务人房屋后,行政机关在此情况下作出的土地使用权变更登记导致了房地的分离,对债权人的权利实现产生阻碍。债权人对此有异议的,应当被赋予启动行政诉讼程序的权利。

Once civil creditors apply for sealing up debtors' property related to the case to ensure their rights in a lawsuit, their rights are under the special protection of law, which are different from that of an ordinary creditor. Besides, debtor's right of disposition will also be limited. In the case discussed in the present paper,, the administrative organs made a change in the registration in the right of using the land, which led to the separation of the house and the land and thus hindered the realization of creditor's rights due to the court's sealing up the real estate of the debtor. The creditors who are unsatisfied with the registration are entitled to a standing of the plaintiff and initiating administrative proceedings.