摘要： 行政复议申请人资格在理论与实践上向来趋同于行政诉讼原告资格的演进,对此需要反思。原告资格判定以个体权利保护为主要取向,系法院于权力分工下对自身角色合理定位的结果。行政复议与行政诉讼衔接并不意味着两者相关内容毫无二致,否则有损两者固有的功效。简单套用原告资格以判定申请人资格,可能导致合法权益要件认定过窄、利害关系把握不足且对于私益、公益的保护均无法达到足够的水平。未来,应结合行政复议作为内部监督机制所具备的特性,基于法律关系灵活解释利害关系;既解决个案争议,又通过澄清法律来拘束行政行为,切实提升行政复议的监督功能。

关键词: 行政复议申请人资格, 原告资格, 利害关系, 保护规范理论, 法律关系理论

Abstract: It nedds to be rethought that the qualifications of the applicant for administrative reconsideration should always theoretically and practically follow the evolution of the qualifications of standing in administrative litigation.The determination of standing mainly focuses on the protection of individual rights, which is the result of the court's reasonable positioning of its own role under the division of powers.The connection between administrative reconsideration and administrative litigation does not mean that their relevant contents are identical; otherwise, it would undermine the inherent effects of both.Simply applying the theory of standing to determine the qualifications of the reconsideration applicant may lead to a narrow recognition of legal rights and interests, insufficient understanding of vested interests, and an inability to adequately protect both private and public interests.In the future, it is necessary to interpret stakeholder interests flexibly based on the characteristics of administrative reconsideration as an internal supervision mechanism; this will not only resolve individual case disputes but also clarify the law to constrain administrative actions, thereby effectively enhancing the oversight functions of administrative reconsideration.

Key words: Qualifications of Administrative Reconsideration Applicants, Standing, Stakeholder Interests, Theory of Protecting Norms, Theory of Legal Relations