华侨大学学报（哲学社会科学版）Issue(4)：61-74,14.
申诉求决类信访与申请行政履职交叉案件的审理类型化构造
The Typological Construction of Judicial Adjudication for Cross-Cases Involving Petitions for Rights and Administrative Performance Requests:An Empirical Analysis Based on 275 Judicial Documents
摘要
Abstract
In judicial cases involving the intersection of petition matters seeking resolution of claims and applications requiring administrative agencies to perform their statutory duties,courts nationwide generally adopt a dual-element review approach of"legally protected private interests"and"statutory handling ob-ligations".Based on empirical analysis of 275 judicial documents from courts at three levels nationwide o-ver the past five years,the aforementioned"legally protected private interests"element integrates multi-ple theoretical doctrines yet demonstrates both theoretical and practical inadequacies.Specifically,the protective norm theory derived from foreign jurisdictions is grounded in the presumption of"subjective lit-igation,"whereas China's administrative litigation system exhibits"internal dissonance".This creates not only theoretical incompatibility but also practical difficulties in adapting judicial review to cases where public and private interests intertwine,as exemplified by reward-based whistle blowing cases.The do-mestically developed theories of"direct connection"and"actual impact"lack sufficient capacity to dis-tinguish reflected interests from legally protected ones;the compounding of their limitations has resulted in rigidity when applying the"legally protected private interests"criterion.Consequently,it is necessary to restructure the existing theoretical framework and judicial practice through typological thinking,and strive to establish a typological review framework comprising"conventional private interest protection","special private interest protection",and"public-private interest integration".On this basis,through the judicial review chain of"interest relationship → litigation benefits",a comprehensive judgment is made on whether such cases belong to the scope of petition matters or the scope of administrative litiga-tion,which can promote the high-quality integration and development of"door-to-door mass work"and the function of administrative trial serving the overall social situation.关键词
申诉求决类信访/行政诉讼类型化/信访工作法治化/履行法定职责/诉的利益Key words
petitioning for complaint resolution/categorization of administrative litigation/rule-of-law-based regulation of petitioning work/performance of statutory duties/litigation benefits分类
社会科学引用本文复制引用
傅瀚蓬..申诉求决类信访与申请行政履职交叉案件的审理类型化构造[J].华侨大学学报（哲学社会科学版）,2026,(4):61-74,14.基金项目
全国教育科学规划中国教育法治与全球教育治理研究专项重点项目"构建中国教育法学自主知识体系研究"(ZFA250488) （ZFA250488）
