行政诉讼原告资格的利害关系要件分析

An Analysis of the Conditions of Interest of the Qualification of the Plaintiff in Administrative Litigation

“利害关系”可以被分解为“权益”和“因果关系”两个要素。“权益”要素的判断存在“法律上权益说”和“事实上的权益说” ,但二者在实践中呈融合之势 ;“因果关系”要素操作性不强 ,难以把握 ,在全球呈枯萎之势 ;在“法律上权益说”的构架下 ,“因果关系”有被“权益”吸收的可能。我国宜采用“权益”要素为主、“因果关系”要素为辅的模式解决原告资格问题。

The factor of interest of the qualification of the plaintiff can be divided into two factors: rights and causality. Two theories exist when deciding whether one private party has rights: the theory of rights in law and the theory of rights in fact. These theories become to unite increasingly in practice. Contrary to the factor of rights, the fact of causality is hard to grasp. Under the theory of rights in law, it is possible for the factor of causality to be adsorbed into the factor of rights. To solve the problem of the qualification of the plaintiff, we'd better adopt the model with the factor of rights as the main factor while the factor of casualty as the assistant.