On The Confirmation Standard Of Administrative Litigation Defendants In Our Country

In anadministrative litigation, there is no defendant according to the currentsystem of administrative litigation, this case challenges the current system,whichcaused much attention and argument. The focus of argument is How to confirming thedefendant qualification of administrative litigation have been a hot spot oftheory and practice. The current system of defendant of administrative litigationwhich is guided by administrative subject theory can not meet the demand of reality.Revising the old theory and establishing a new defendant confirming standard arenot only helpful for the maintaining relative people's just rights and interestsbut also for the development of administrative litigation. At last these actionswill be helpful for the building of harmonious Society. Besides the preface andthe end, the article is divided into five parts as follows: In the first part, itinvestigates the legislation and practice about the defendant's qualification ofadministrative litigation of our country, some shortcomings of our system have beenfound out; In the second part, on the angle of administrative litigation defendant,analyzing the differences of administrative litigation of the currentadministrative subject between our country and In foreign countries, and figuringout the theory background of the misunderstandings of administrative parties andlitigation parties. In the third part, it is considered again the standard of thequalification of administrative litigation, and elaborated the problems in practiceof this standard. In the forth part, as references,there are several questionsshould be considered in the standard of the defendant's qualification ofadministrative litigation.In the fifth part, according to the above-mentionedbehavior subject standard andthe confirming system of the defendant of foreign administrative litigation, itreconfirm the administrative litigation defendant in the present stage of ourcountry.