On Quasi-applying The Third Party System In Civil Procedure Law On Administrative Litigation

The 97^th article of "Interpretation about some questions on executing 'Administrative Procedure Law of People's Republic of China' made by the Supreme Court" supplies a recapitulative basis to quasi-application of the third party system in civil litigation on that in administrative litigation in China. While the model of legislation of foreign countries and regions provide good referencing specimens of explaining the way and the limitation on quasi-application of the third party system from civil litigation to administrative litigation.On the basis of the experience in these countries and areas, the article insists that the third party system in administrative litigation can be supplied in civil litigation , but the scope and style of these two systems are different.There are five reasons: The first, the corporation and the organization and the person that was affected by the result can consist in administrative litigation. This system comes from the civil litigation. The difference between these two systems is that the administration consists in administrative litigation but not in civil litigation. The second, administrative litigation has the same style as civil litigation. The third, in litigation status and the restrict of the decree, these two systems are different, the third party in administrative litigation who have the first right to request can use the same rules in civil litigation, but the third party in administrative litigation who have right to request can use the same rules as those who do not bear the result of the decree in civil litigation. The forth, on the basis of the two styles, administrative litigation is the same as civil litigation in the scope of lawsuit limitation, the third party in administrative litigation who have the first right to request can use the same rules in civil litigation system in administrative litigation can be supplied in civil litigationIn this article, the conception of quasi-application is constructive explanation of the 97^th article of "Interpretation about some questions on executing 'Administrative Litigation Law of People's Republic of China' made by the Supreme Court" on the third party system.