曾 哲，梭 娅
（西南政法大学 行政法学院，重庆 401120）
The Actionability of administrative reporting and reply Probe into the Regulatory Path
ZENG Zhe,SUO Ya
（Southwest University of Political Science and Law，Chongqing 401120 China）
Abstract: In recent years, with the rise of citizens'awareness of supervision and prosecution and the continuous improvement of their enthusiasm to participate in administrative activities, the contradictions and conflicts between informants and administrative organs have become increasingly prominent. Although Guiding Case No. 77 promulgated by the Supreme People's Court in 2016 clarifies the criteria for self-interest whistleblowers to enjoy the qualification of plaintiff in administrative litigation. In addition, Article 12, paragraph 5, of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China, which came into force on February 8, 2018, also stipulates that the claimants who are seeking to safeguard their legitimate rights and interests shall have the right of action. However, the current judicial criteria are not so simple as to deal with the frequent disputes in reality, such as professional counterfeiters'indiscriminate lawsuits, which highlights the dual restraint faced by such cases in theory and judicial adjudication, and urgently needs to be regulated from the judicial review path.
Key words: Reporting；Answering Behavior；Litigability；Judicial Review；Regulatory Path