Research On The Defendants Of An Administrative Litigation Arising From An Administrative Reconsideration

This dissertation limits to the the defendants of an administrative litigation arising from an administrative reconsideration. During the study of our present Administrative Litigation Act's relative rules, this article based on legal norms, theory and reality when summarize and analyze the relative legislation of other counties, to give suggestion on the reform of our norms of the defendants of an administrative litigation arising from an administrative reconsideration.In Chapter One, as a prerequisite, it distinguished the defendant in procedure from the defendant in substance firstly. Then it deeply checked the concept of administrative litigation defendants in academic circles, and to propose if we want to reform the concept of administrative litigation defendants, the real "defendant must be acknowledged and the competency of defendant must be determined. In Chapter Two, it defined the extent of the cases which arise from an administrative reconsideration, and point out that the cases which surpass the scope of accepting cases of administrative litigation or is the final action of administrative reconsideration, are entirely not the case which is mentioned above. After discussing some special situation, it . summarized the types of the defendants of an administrative litigation arising from an administrative reconsideration.In Chapter Three, based on the rules of our present Administrative Litigation Act, it first analyzed the relationship between the general administrative litigation defendants' confirmation rules and the rules on the defendants of an administrative litigation arising from an administrative reconsideration. Then, it compared the decision of administrative reconsideration with original agency action. Finally, the author used the object of administrative litigation as an theory instrument to explain the relation with administrative litigation defendants,and confirmed them theoretically.After resolving the problems above as premise, the Chapter Four discuss the necessity of reconstruct today's confirmation rules on the defendants of an administrative litigation arising from an administrative reconsideration, which is based on legal norms and reality. And, finally, it analyzed the two different aspects: the choice of the object of administrative litigation and the assignment of rights to participate the administrative litigation, from which and the experience of continental legal system, it gives some suggestions on the reform of our norms.