Fundamental Rights as "Legal Rights and Interests" in Chinese Administrative Litigation

Since the Qi Yuling case, the main focus of Chinese constitutional law has turned to the protection of fundamental rights. Doctrinal legal studies do not only cover abstract questions such as the third party effect of fundamental rights or the state’s duty to protect, but also the analysis of specific fundamental rights. In addition, there are also empirical studies, which show that fundamental rights have been cited and quoted by Chinese courts in their decisions. However, from the point of view of administrative litigation, fundamental rights are considered “legal rights and interests” according to Art. 2 of the Chinese Administrative Litigation Law. In case of a possible infringement, affected parties can bring a suit before a people’s court. The paper argues that the administrative litigation law functions as an instrument of protecting fundamental rights in China, although this protection is subject to certain limitations.