On Completing The Third Person System In Administrative Procedure

The third party system, as an important system of administrative procedure law, is a basic and common issue in justice practices. Article 27 of Chinese Administrative Procedure Law stipulates that Interested citizens, legal persons or other organizations in specific administrative act which lodges a complaint, can participate in the proceedings as third person, or by the notice of The People's Court, which is the only relatively clear provision about the third person of administrative procedures. Though the Supreme People's Court's Interpretations on the Issues in the Implementation of the'Administrative Procedure Law of the People's Republic of China'adds up some provisions on third person, they are still vague. Chinese third person system of administrative procedure started relatively late and the development of theory is slow. Many of the provisions on third person appear to be relatively weak and strong in principle, lacking of operability, which often make disputes on the understandings and controversial differences in applications, with a lot of difficulties in reaching a consensus in theoretical circles. As a result, not to mention the advanced theory in foreign countries, there is still a big gap existing between the third person system of administrative procedure and the research level of issues on the third person of Civil Procedure Law in China. With the further emergence of practices of new third person system of administrative procedure, there gradually show up many problems needing to reform and improve, such as simple rules, fuzzy standards, third person proceedings being imperfect, the rights and interests of third person failing to be guaranteed. In practice, third persons are often complicated, so the third person system will inevitably meet a lot of problems in both theory and practice, which makes the improvement of third person system even more complex in the process of administrative procedure.For this reason, for the purpose of establishing third person system of administrative procedure, this article discourses on the concept and features of third person with the use of analyzing and comparing methods from both the theoretical and practical standpoints. Starting from the stakes in law with the combination with the concept and characteristics of third person in administrative litigation, it exposes different types and scope of third person systems in foreign administrative procedure laws, and establishes the standards and scope of third person of Chinese administrative procedure. It discusses separately about the third person's burden of proof, learning from mature foreign experience in legislation and practices, and puts forward corresponding countermeasures and programs in theory to improve the third person system of administrative procedure. Those programs are about the time limit and means of participating in the proceedings, establishment of the qualification opposition system of third person, necessary limit to the third person's burden of proof, the full enjoyment of their appealing right, which promote legislative improvement of China's third person system of administrative procedure.This thesis is divided into four parts:The first part is a brief overview of China's third person system of administrative procedure and mainly discusses on the its theoretical basis, concept, and characteristics, and the purpose of setting it up. Combined with analysis of civil procedure on the characteristics of third person of administrative procedure, this part describes the purposes of establishing the third person system starting from the theoretical basis on which the third person system emerged. 1, fairness and justice for all laws are the value to achieve and the ultimate goals to pursue, and the commander in chief and the soul of laws; 2, the third person involving in administrative procedure can protect their legitimate rights and interests and achieve fair trials; 3, the third person involving in administrative procedure can monitor the executive agencies to administrate according to law. Interventions to society from administrative activities are increasing to a wide and deep range, so the executive power needs more oversight and regulation; 4, third person of administrative procedure involving in proceedings is the need of The People's Court to hear administrative cases efficiently, timely and accurately. Four objectives are boiled down finally as: the third person participating in the proceedings contributes to The People's Court investigating and concluding a case correctly and timely, simplifying the proceedings, saving judicial resources and improving judicial efficiency. At the same time, it can avoid contradictory decisions on the same incident or the same type of incidents, which is conducive to the setting up of judicial authority and credibility. Thus the importance of perfect third person system of administrative procedure is fully demonstrated.The second part is the perfection of the determining standards and scope of third person of administrative procedure. First of all, it introduces the determining standards and scope of third person in related countries, followed by the comparison, an analysis of the reasons for different factors between Chinese administrative procedure system and that in related countries and regions. On the basis of weighing the pros and cons between the Continental law and Anglo-American Legal System models, Chinese administrative procedure system has formed its own characteristics:1,The Chief Justices in China's administrative tribunals are neither a special series as executives in the civil service in the Continental law, nor like the Chief Justices in Anglo-American Legal System who should be restricted to serve a lifetime tenure; 2, The development of administrative procedure is led by the judge, and the identification of facts and evidence is going on in the official conduct of the trial; 3, As for the ways of trial, the .first instance must hold a hearing, and the second instances in which the cases have clear facts are admitted to implement a written hearing only; 4, Chinese administrative procedures are all applied to uniform administrative procedure rules, both from the Civil Procedure Rules and also its particular rules. It should mainly base in Article 27 of Chinese Administrative Procedure Law to improve the determining standards and scope of Chinese third person of administrative procedure. That is to base in the interested relationship between a third person and specific administrative act being sued as the standard, divide third person into three types: (1) third person in power relations (2) third person in obligation relations (3) third person in fact relations.The third part is the perfection of the burden of Proof system of third person of administrative procedure. Starting from the trial practices, it discusses different burdens of proof of third person at different status, which are mainly divided into: 1, the perfection of joint burden of proof of third person; 2, the perfection of different burdens of proof of third person at different legal status. The perfection of different burdens of proof of third person at different legal status are divided into: (1) Improvement of the burden of proof of third person in the status of plaintiff; (2) Improvement of the burden of proof of third person in the accused status; (3) Improvement of the burden of proof of third person to support the plaintiff's claims; (4) Improvement of the burden of proof of third person to support the defendant's claim; (5) Improvement of the burden of proof of third person independent from both the plaintiff and the defendant's claims. Therefore, the burden of proof system of third person of administrative procedure is improved step by step.The fourth part is to complete administrative procedure process system against third person. This section is the focal point of this article. Directed towards the current problems existing in the process of Chinese administrative procedure, this part designates more legal measures: 1, the time limit and means for the third person to participate in administrative procedure; 2, establishment of qualification opposition system of third person of administrative procedure; 3, necessary limit to the burden of proof of the third person; 4, the full enjoyment of appealing right. The purpose is to better protect the legitimate rights and interests of the third person of administrative procedure, to safeguard and supervise the exercise of executive powers in accordance with the law, to guarantee The People's Court to hear administrative cases correctly and timely so as to further improve the process system against third person of administrative procedure.