行政诉讼原告资格对行政诉讼而言意义深远、价值重大,域外相关立法倾向于放宽原告资格标准的范围,往往设定一些原则性的标准,在司法实践中赋予法官自由裁量权并对之进行解释运用。通说认为我国原告资格标准有3个构成要件:合法权益的存在;有明确、可诉的具体行政行为;两者之间有法律上的利害关系。各级法院一般据此指导司法实践。

The Accuser's qualification has its profound meaning and value in the administrative suit,the standard of which is practised abroad by setting up some principled standards,giving the judges free judging power and the right of explanation.Generally speaking in China,the standard of the accuser's qualification is made up of three parts:the existence of the lawful right;definite,concrete administrative acts to accuse;legal advantages and disadvantages between the two——the accuser and the accused.Courts at all levels use the standard as the guidance in the practice of administration of justice.