On the Application and Reflection of the Theory of Protective Norms

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.

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Publication Details

Journal
Scientific and Social Research
Published
2025-04-03
DOI
https://doi.org/10.26689/ssr.v7i3.10040
Primary Topic
Educational Reforms and Innovations
Type
article
Field-Weighted Citation Impact
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article

On the Application and Reflection of the Theory of Protective Norms

Wesley W. Chu
Scientific and Social Research
Educational Reforms and Innovations
article

On the Application and Reflection of the Theory of Protective Norms

Wesley W. Chu
article en

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.

Scientific and Social ResearchVol. 7(3)
Guilin University of Electronic Technology (CN)
Openalex Percentile: Top 92%
Educational Reforms and Innovations
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On the Application and Reflection of the Theory of Protective Norms — Wesley W. Chu · Scientific and Social Research (2025) | TGRS Research Map | TGRS