Study Of The Third Party System In Administrative Litigation

The third party system is an important institution of the administrative litigation,which has theoretical and practical value. A lot of articles came out all around world, but there are many defects in our third party system in administrative litigation . For instance, the incompetent parts: the range,type,standard,procedure,the responsibility of presenting evidence etc. in the administrative procedure law.The study of this issue, can enrich the research field of the administrative procedure law and provide references to the safeguarding administrative proceedings third person of right, the preventing and controlling administration overflow the power, therealization fair trialThrough the comparison and analyses of the prescription of China and foreign countries, refer the method of study, concerning the realism of our country, we promote several suggestions to complete the third party system in administrative litigation, therefore achieve the goal of study.This article from administrative proceedings litigant system basicidea, administrative proceedings third person and civil action thirdperson of difference and relation, administrative proceedings third person of type,the scope,the establishment standard,the participation legal procedure,presenting evidence of the responsibility and so on. Carries on the comprehensive and system to the administrative proceedings third person of system. Based the realism, select the advantages of each theories, make the definition of Interested relation to be direct and indirectInterested relation;analyze the reason and meaning of analysising administrative organ by third person of status participation lawsuit; divides the administrative proceedings third person for the essential administrative proceedings third person (contains right to relate third person and voluntarily to relate third person) and the ordinary administrative proceedings third person; Thought the administrative proceedings third person participates in the lawsuit the time,after must be primitive lawsuit starts, before trials in final the decision to make participates; And presented evidence the responsibility to the administrative proceedings third person to propose own viewpoint.