On The Third Party Of Administrative Litigation

This thesis includes the following four parts:The first part is about the general principle(s) of the third party in administrative litigation(hereinafter referred to as "the third party"). The third party is a very complex and disputable question(issue) in administrative law. With the development of judicature practice, the issue has become more complicated. In order to comprehend and apply the regulations more precisely, the author tries hard to do some research on the question of the third party. The third party firstly means the third party who is independent and has some interests' with the concrete administrative litigation. Most importantly, the third party takes part in the whole administrative litigation which is not over. That is, there is no such thing as the third party in an ending procedure. In essence, the third party takes part in a co legal procedure, rather than a main one. The third party should take part in the whole procedure before the end of the main procedure. The value of the third party is that it can bring more information to the judge so as to save the valuable legal resource, and it is also some kind of uniform practice all around the world. The second part is about constitutes of the third party. Actually all the definitions of the third party were set up in accordance with 27th article of the Administrative Law of PRC. But we should admit that the article can hardly be deemed as a conceptual regulation. In fact, it is only a regulation concerning criteria of ascertaining the third party. So is the judicial construction which is made by the People's Supreme Court of China and is of little maneuverability. The essence of the third party lies in the relationship between it and other legal parties. We should grasp the main idea of it from the following three parts: firstly, this kind of relationship is a comparatively independent one involving interests which means if there is no independent interests in the sued administrative litigation, the third party will not take part in the whole procedure. Secondly, the third party has his own legal interests which should be affected by the winning or losing of one party in the litigation. We should try our best to keep the balance between the public party, the private party and some other one.The third part is about the ascertaining circumstances of the third party, including the corresponding classification. As to that kind of question, there are lots of different arguments. Under the Administrative Law of PRC, the third party can be citizens, legal persons or other organizations. That is to say we can classify the notion by various criteria, otherwise there is no sense in that kind of research. Firstly, the circumstances in the legal practice. Under the principles of administrative law, we just numerate all the third parties one by one in litigation. The advantage of this kind of classification its being direct and practicable. Generally speaking, the legal position of the third party is the same as the plaintiff and the defendant in the law suit. But owning to its own characteristic, there are some other differences in it. By arguing from this, we can ascertain the legal position of third party in the end. Finally, we can classify the third party in other norms by other criterion, such as the third party in the position of the plaintiff, the third party in the accused position, and so on. No matter if the third party takes part in the whole litigation positively or negatively, he should the burden of proof.The forth part is about the improvement of the system of the third party in our country. Being a very important system, the system of the third party has its own shortcomings both in the practical and in the theoretical research. In this thesis, the author puts forward two suggestions. The first is that we should make it clear that administrative subjects can be the third party. Under the regulation of the Administration Law of PRC, the third party can be citizens, legal persons and other organizations, while...