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各国对行政诉讼原告资格的限制越来越宽松。涉及债权关系的当事人是否具备行政诉讼的原告资格,在实践中有不同的看法。作为一种财产权,债权客观上具有不可侵犯性,属于一种应受到“法律上保护”的权利,即便按照各国最狭义的解释,它也理应受到行政诉讼的保护。在不动产和大型动产的行政登记中,债权人作为行政诉讼原告的资格不应被完全否定,其启动行政诉讼的标准应该根据行政诉讼原告资格中的利害关系对事实进行实际考量。
The restrictions on the eligibility of plaintiffs in administrative litigation in various countries have become more and more relaxed. Whether the parties involved in the claims have the plaintiff qualification of administrative litigation have different opinions in practice. As a kind of property rights, the objectivity of creditor’s rights is inviolable. It belongs to a right that is protected by “law.” Even under the most narrow interpretation of each country, it should be protected by administrative litigation. In the administrative registration of real estate and large-scale movable property, the qualification of the creditor as the plaintiff of administrative litigation should not be completely negated. The standard of starting the administrative litigation should be based on the factual consideration of the facts in the plaintiff qualification of administrative litigation.