Administrative Litigants Study

This dissertation tries to handle the problem of theoretic framework and technical design of litigant system.Chapter one explains fundamental problems of patties and studies the fundamental procedural rights of litigant in the field of vision of constitutionalization and internationalization of litigant procedural protection. The former mainly discusses the problem of concept, capability, composition, specialization and etc of parties. While our traditional conception on litigant emphasizes on interests between parties and issues, modern litigation has exceeded the individual interests and made the concept of parties change essentially. It is of much importance to classify the difference and relation of concept of litigant, procedural parties, proper and improper litigant, which helps identify the essence of parties in administrative litigation and constitution different from civil litigation, handle the standing in objective litigation, avoid effectively substantial review by court in the step of suit.The capability of litigant is the general qualification. Whether parties have property doesn't decide the competence of parties. One who has the capability of parties doesn't limit to person who has legal capacity in substantial law. One who hasn't legal capacity in substantial law may have the capability of parties. The idea can solve effectively the practical problems such as standing of Management Committee of Community and defendant of temporary institution founded by agencies. The latter strengthens the importance of protection of fundamental procedural rights on the background of constitutionalization and internationalization of parties procedural protection, which embodies that connotation of fundamental procedural rights is not only organic synthesis of constitutional and international documents, but also the result that the old principle of natural justice (whose core is judicial justice and hearing rights) shines new lease on life.Chapter two explains theoretical basis of system of administrative litigation parties that includes its four conceptions and theoretical basis. Controlling administrative powers, effectively protecting rights, approaching justice and idea litigation economy are the process in which judicial review is continually consolidated, the rights are effectively protected, the legislative, administrative and judicial approaches justice gradually and issues are solved in the most economical manner. Their final end is that rights remedy is realized in best way.Suitability of litigants is used to answer the question whether the party is suitable, whose function is to limit the capacity of litigation who brings the suit. The process of its development is the process in which suitability of party has been extending and the scopeof suit party has been expanding. The theory of public power emphasizes citizen's rights against state, breaks the state conception of considering state absolute authority innately, establishes the citizen's standing of petitioning the government and broadens the eyesight of administrative remedy. The distinction between public power and reflective interests and the distinctive method have made the bounds of public power gradually clear and found the basis of delimiting the scope of protected-interests. Suit interests are the legal interests that parties have in a suit and the necessity of judicial remedy. Like the suitability of party, it also need judge the litigating requirements on the basis of special litigating circumstances and the claiming content, which are the essential factors of suit interests. The systems of administrative subject are the legal technique of administrative separation in western countries. The systems of administrative separation decide the scope of administrative subject. Administrative subject takes on the tendency of diversity, for the reason that public affairs of administrative subject develop from public power to public services. Whether the subject of action can'become the defendant in administrative litigation is no...