On the Application and Reflection of the Theory of Protective Norms

Abstract

This article starts from the evolution of the standards for determining the plaintiff’s qualification in administrative litigation and the limitations of the current “interest relationship” standard and explores the application of the protection norm theory. The “Liu Guangming” case first introduced the protection norm theory as a tool for determining the plaintiff’s qualification in administrative litigation, which has positive significance for the judicial practice of administrative litigation in China. However, in China’s practice, there are problems in the application of the protection norm theory, specifically manifested as a mechanical application of the protection norm theory and the lack of a unified judicial application standard. In view of this, in order to solve the practical difficulties, it is necessary to construct a “three-step” application path for the protection norm theory.