A Study On The Defendant Status Of The Administrative Litigation

Some actual problems are complex in the judicial practice of the administrative litigation. And the defendant status of the administrative litigation is very easily to be neglected by people. But this respect has reflected the essential problem of the legal system barrier as well as the flaw of the administrative government by law actually.At present this problem mainly displays in three parts, first, the defendant has strong status comparing with the plaintiff even the judicial organ;second, the lawsuit relations of the defendant and plaintiff are a fictitious equality, which has the quite big contradiction with their unequal legal relationship actually;third, the executive power has the certain superiority status comparing with the juridical power. Then the defendant status must be merely "the defendant" in the lawsuit, the legal relationship of the defendant and plaintiff is equal, and the judicial organ must be neutral.But the principled stipulation is by far insufficient in the administrative litigation. At present correlation legislation spirit lacks the system support in the concrete implementation, and it lacks operation feasibility stipulation.In order to solve such problems, the concrete system in the administrative litigation must be constructed, such as the jurisdiction of other land, the public welfare lawsuit, the scene inspector, the strengthened immediate judgment, lawsuit rights and interests safeguard, attending of the chief executive in court, the responsibility and carrying out of the voluntary and so on. On the other hand, in the work, the system of concrete operation needs to be built, like the reform of achievements appraisal target and so on.Both judicature fairness and ruling by law of the administrativelitigation are not isolated, they have the close relation. We can examine them carefully from another angle of view by understanding and grasping the defendant status correctly. The defendant must be the "ordinary" lawsuit defendant, and it must not be special, excludes "the privilege" in particular. Then it will be advantageous to the benign development promotion and the value realization of the administrative litigation that the public and the administration subject in particular understand the defendant further.