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近年来,笔者代理了多起无利害关系举报人因举报而引起的具体行政行为提起复议的案件。在案件办理过程中,对行政复议申请人资格的认定成为原、被告争论的焦点,及司法机关认定事实的基础。从行政复议制度建立以来,申请人资格也成为理论和实务界分歧争论的焦点。而就笔者所代理的无利害关系人举报人行政复议案件中,举报人与举报事项的处理结果没有法律上的利害关系,与举报人不存在行政法意义上的权利义务关系。这一类案件的频繁发生及处理成为我们探讨这一类举报人与举报事项隐射的行
In recent years, the author has acted more than one case of non-stakeholder whistleblower brought a specific administrative act arising from the case of reconsideration. In the process of handling cases, the qualification of the applicants for administrative reconsideration becomes the focus of the original and defendant arguments, and the basis for the judicial authority to verify the facts. Since the establishment of the administrative reconsideration system, the qualifications of applicants have also become the focus of controversy between theory and practice. However, in the case of the administrative reconsideration case of the informant informant on behalf of the author, there is no legal interest in the informant’s handling of the reported matter and there is no relation of rights and obligations with the informant in the administrative law. The frequent occurrence and handling of these types of cases become the hidden lines of our discussion on whistleblowers and matters reported