Perfection Of Litigant System Of Administrative Litigation Of China

Litigant system of administrative litigation is the most basic one of the litigant system. As the appearance of the administrative system is impressed greatly by the civil system, the study on Chinese litigant system of administrative litigation is very important for the completion of the system of administrative litigation of Chine.The thesis, on the base of the concept and values of litigant system of administrative litigation, makes unanalyses, one by one, of the system of plaintiff, system of defendant and system of the third party, in order to do good for the competition of the litigant system of administrative litigation of China. The concept of the litigant system of administrative litigation of China, need to be enlarged, however, not borrow completely that foreign. It is necessary for the litigant system of administrative litigation to be good to reach the goal of realizing the values. As for the litigant system of administrative litigation, it exist some defaults at present, system of defendant, system of the third party in order to better the litigant system of administrative litigation.The plaintiff should be defined insides unreasonable scope, neither too large nor too narrow. At present, it is necessary to adopt unrelatively clear and definite definition when completing the plaintiff de administrative litigation, in order to protect the legal rights of the citizens, at the same time, it is easy for the court to handle. It is also necessary to complete the system of plaintiff of litigant system of administrative litigation from the aspects of scopes of accepting cases, of the terms of prosecuting, of the standard of affirming benefits and of setting of the system of jurisprudence. Concerning the system of the defendant, it is should set the institutions administrative and the organs administrative as the defendants legal, et set up the standard de distinguish the defendant legal of whose name, who defendant. In order or set up the system of the It is important to notice the third party, besides obeying the general principles, it is also important to make notice of the leading place of the court, the protecting of the third party and the equality and economy of the third party.