When citizens' legitimate rights and interests are infringed by administrative organs, citizens can choose to bring an administrative lawsuit when choosing a remedy, but not everyone has the plaintiff's subject qualification, and the determination of the plaintiff's subject qualification in the administrative procedure law is conditional.

Subject of administrative litigation

(1) Plaintiff

Plaintiff refers to a citizen, legal person and organization who thinks that a specific administrative act of an administrative organ has infringed upon their legitimate rights and interests and brings an administrative lawsuit to the court in their own name. A citizen, legal person or other organization that brings a lawsuit in accordance with the Administrative Procedure Law is the plaintiff. Under any of the following circumstances, citizens, legal persons or other organizations may bring an administrative lawsuit according to law:

(1) The specific administrative act of which the defendant is sued involves his neighboring rights or fair competition rights;

(2) having a legal interest in the administrative reconsideration decision of the defendant or being added as a third person in the reconsideration procedure;

(3) requiring the competent administrative organ to investigate the legal responsibility of the injurer according to law;

(4) having a legal interest in revoking or changing a specific administrative act. In administrative litigation, we should pay attention to the determination of the plaintiff in the following cases:

1) If a citizen who has the right to file a lawsuit dies, his close relatives can file a lawsuit. "Close relatives" include spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, grandchildren and other relatives with maintenance relations.

2) If a citizen can't bring a lawsuit because of the restriction of personal freedom, his close relatives can bring a lawsuit in the name of the citizen according to his oral or written entrustment.

3) The legal person or other organization that has the right to file a lawsuit is terminated, and the legal person or other organization that inherits its rights may file a lawsuit.

4) If a citizen, legal person or other organization that has a legal interest in a specific administrative act refuses to accept the act, it may bring an administrative lawsuit according to law.

5) If a partnership brings a lawsuit to a people's court, the plaintiff shall be the approved registered shop name, and the partner performing the partnership affairs shall be the litigation representative; Where other partnership organizations file a lawsuit, the partners are * * * and the plaintiff.

6) If any other organization without legal personality brings a lawsuit to the people's court, the principal responsible person of the organization shall be the litigation representative; If there is no principal responsible person, the elected responsible person may be the litigation representative.

7) If there are more than 5 co-plaintiffs, 1 to 5 litigation representatives shall be elected to participate in the litigation; If it is not selected within the specified time limit, the people's court may designate it ex officio.

8) All parties to a joint venture, Sino-foreign joint venture or cooperative enterprise who believe that the rights and interests of the joint venture, joint venture or cooperative enterprise or their own legitimate rights and interests have been infringed by a specific administrative act may bring a lawsuit in their own name.

9) Rural land contractors and other land-use rights holders may file a lawsuit in their own name if they are not satisfied with the administrative organ's action to dispose of the rural collectively owned land they use.

10) If a non-state-owned enterprise is cancelled, revoked, merged, forced to merge, sold, split or changed its affiliation by the administrative organ, the enterprise or its legal representative may bring a lawsuit.

1 1) If the shareholders' meeting, the shareholders' representative meeting and the board of directors of a joint-stock enterprise think that a specific administrative act made by an administrative organ infringes on the autonomy of the enterprise, they may bring a lawsuit in the name of the enterprise.

12) If two or more parties refuse to accept the same specific administrative act and file a lawsuit in a people's court, they are * * * with the plaintiff.

13) If the legal person or other organization as the plaintiff and the principal responsible person of the administrative organ as the defendant are changed during the litigation, resulting in the change of the legal representative who participated in the litigation, he shall submit the identity certificate of the new legal representative to the people's court and continue to participate in the litigation; The litigation activities that have been carried out are binding on the legal representative who continues to participate in the litigation.

(2) the defendant

The defendant is an administrative organ or an authorized organization that performs administrative functions because the plaintiff believes that its specific administrative act violates the law and infringes on its legitimate rights and interests and is sued for responsibility. The defendant in an administrative lawsuit is generally determined according to the following circumstances:

1) If a citizen, legal person or other organization brings a lawsuit directly to the people's court, the administrative organ that has undertaken the specific administrative act is the defendant.

2) After reconsideration, if the reconsideration organ decides to maintain the original specific administrative act, the administrative organ that made the original specific administrative act is the defendant; If the reconsideration organ changes the original specific administrative act, the reconsideration organ is the defendant.

3) If the reconsideration organ fails to make a reconsideration decision within the statutory time limit, and a party refuses to accept the original specific administrative act and brings a lawsuit, the administrative organ that made the original specific administrative act shall be the defendant; If a party brings a lawsuit against the inaction of the reconsideration organ, it shall take the reconsideration organ as the defendant.

4) If two or more administrative organs have committed the same specific administrative act, * * * is the same as the administrative organ that committed the specific administrative act, and * * is the same as the defendant.

5) For the specific administrative act committed by an organization entrusted by an administrative organ, the entrusted administrative organ is the defendant.

6) If an administrative organ authorizes its internal organs, agencies or other organizations to exercise administrative functions and powers without the provisions of laws, regulations or rules, it shall be deemed as entrustment. If a party refuses to accept a lawsuit, it shall take the administrative organ as the defendant.

7) If a citizen, legal person or other organization refuses to accept a specific administrative act made by an agency of an administrative organ and brings a lawsuit in a people's court, the administrative organ shall be the defendant. Except those authorized by laws and regulations to the dispatched institutions.

A) A specific administrative act committed by an organization authorized by laws and regulations, in which the organization is the defendant. If an administrative organ authorized by laws, regulations or rules has an internal organization, dispatched office or other organization to carry out an administrative act beyond the statutory authorization, and the party refuses to accept the lawsuit, the institution or organization that carried out the act shall also be the defendant.

B) If the internal organs or dispatched offices of an administrative organ have undertaken specific administrative acts in their own names without the authorization of laws, regulations or rules, and the party concerned refuses to accept the lawsuit, the administrative organ shall be taken as the defendant.

C) If an administrative organ establishes and endows an institution with administrative functions but does not have the ability to bear legal responsibilities independently, and a party refuses to accept the specific administrative act, it shall take the administrative organ that established the institution as the defendant.

8) If the administrative organ is revoked, the administrative organ that continues to exercise its functions and powers is the defendant.

9) If a citizen, legal person or other organization refuses to accept the decision made by the administrative organ and the non-administrative organ with the same signature and brings an administrative lawsuit to the people's court, the administrative organ that made the decision shall be the defendant, and the non-administrative organ shall not be the defendant. However, if the lawful rights and interests of citizens, legal persons or other organizations are infringed upon and compensation is required, the people's court may notify the non-administrative organ to participate in the proceedings as a third party.

10) If a party refuses to accept a specific administrative act approved by a higher administrative organ and brings a lawsuit to a people's court, the organ that signed the legally effective document shall be the defendant. In the procedure of first instance, the people's court may, with the consent of the plaintiff, add or change the defendant ex officio. If the defendant should be changed, and the plaintiff does not agree to the change, the prosecution shall be dismissed.

(3) A third person

A third person refers to a specific administrative act disputed with an administrative case or a person who has an interest in the outcome of the case. Other citizens, legal persons or other organizations that have an interest in the specific administrative act that brings a lawsuit may apply to participate in the lawsuit as a third party, or be notified by the people's court to participate in the lawsuit. "Having an interest in the specific administrative act in which a lawsuit is filed" means having a legal relationship of rights and obligations with the specific administrative act being sued. The same specific administrative act of an administrative organ involves more than two interested parties, and some of the interested parties file a lawsuit against the specific administrative act. The people's court shall notify other interested parties who have not filed a lawsuit to participate in the lawsuit as a third party. If an administrative organ punishes two or more people who are both illegal for the same illegal fact, and some of them refuse to accept the punishment decision and bring a lawsuit in a people's court, the people's court shall notify them to participate in the lawsuit as a third person if it finds that the other punished people who have not brought a lawsuit have legal interests with the specific administrative act being sued. If the defendant should be added and the plaintiff does not agree to the addition, the people's court shall notify him to participate in the litigation as a third party. A third party has the right to file a lawsuit related to this case; If you are dissatisfied with the judgment of the people's court of first instance, you have the right to appeal.

To sum up, the court can only accept the administrative litigation brought by the administrative counterpart after the plaintiff's qualification in the administrative litigation law is recognized. If the administrative counterpart wants to get corresponding relief for his losses, he should first understand the litigant of administrative litigation, otherwise the relief way of administrative litigation will not help.