行政诉讼原告资格之研究

A research on the plaintiff qualification of administrative litigation

行政诉讼原告资格的尺度和证明标准,决定了可以接近和利用国家提供的诉讼制度者的多寡。原告资格可细分为以下4项要件:①存在合法权益;②合法权益属于原告;③侵害已发生或必然发生;④侵害与被诉行政行为之间存在因果关系。就“合法权益”而言,我国实定法和实务见解都把保护范围从法律上利益扩张到重大事实利益。通过规范分析可以看出,起诉人在受理阶段和实体审理阶段都应当证明原告适格,但在受理阶段只需要达到“可能性”标准,在实体审理阶段,则应达到优势证明标准。而行政行为的违法性则不需要证明。

How many people can access to the Litigation System which provided by the country,it depends on the scope and standard of proof with the plaintiff qualification for administrative litigation. There are four factors for the qualification of the plaintiff： （1） legal rights and interests do exist;（2） the legal rights and interests belong to the plaintiff; （3） the damage has occurred or surely to occur; （4） there is causality between damage and administrative act. As ＂legal fights and interests＂ as concerned, besides legal interests, de facto interests are also included according to positive law and opinions in practice. Furthermore, not only in procedural examination stage but also in substantive examination stage the plaintiff qualification should he examined, and possibility standard the former but Preponderance of the evidence the latter.