How to understand the issue of the qualification of the subject of the complaint

Legal analysis: The main qualification of the plaintiff in a civil lawsuit is a party or unit (legal person) that files a lawsuit with the court, that is, an individual or unit (legal person) who files a lawsuit in the name of self-praise and asks the court to protect its rights and interests, so that the lawsuit is established.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: When the administrative supervision department handles the complaint of the complainant, it should first determine whether the complainant has the qualifications of a qualified entity.

Legal basis: Bidding and Bidding Law of the People's Republic of China Article 6 Bidders and other interested parties can file complaints to the administrative supervision department, that is, the main body of complaints about the blocking of bidding includes bidders and other interested parties.

Legal analysis: When the administrative supervision department handles the complainant's complaint, it should first determine whether the complainant has the qualifications of a qualified subject. Both the bidder and its interested parties can file a complaint with the administrative supervision department, that is, it is stipulated that the main body of bidding complaints includes the bidder and its Libi stakeholder two categories.

In Chinese litigation theory, the subject of litigation usually refers to an organization or individual that has the right to carry out litigation acts that cause the occurrence of a slippery litigation procedure in civil litigation. This includes the people's courts exercising adjudication functions in litigation, as well as parties, co-litigants, and third parties who participate in litigation in order to protect their own rights and interests and have a direct interest in the outcome of the litigation. The people's court exercises the right to adjudicate in civil litigation, and its litigation behavior determines the occurrence, modification, and extinction of the litigation process, and is the dominant subject of litigation, and the parties, co-litigants, and third parties have a direct interest in the case, and their litigation behavior directly affects the occurrence, modification, and elimination of the litigation procedure.

The theory of administrative litigation adopts this concept, which has the same meaning and scope as civil litigation.

Legal basis: Article 65 of the Tendering and Bidding Law of the People's Republic of China If the bidder and other interested parties believe that the bidding and bidding activities do not comply with the relevant provisions of this law, they have the right to raise objections to the tenderer or complain to the relevant administrative supervision departments in accordance with the law.

Legal analysis: The main qualification of the plaintiff in civil litigation is the party or unit (legal person) who files a lawsuit with the court, that is, the individual or unit (legal person) who files a lawsuit in his own name and requests the court to protect his rights and interests, so that the lawsuit is established.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons for repentance;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.