Study On The Reconstruction Of Confirmation Standard Of Administrative Litigation Defendant

The promulgation and implementation of administrative procedural law is a milestone in the process of rule of law, has made good social effects on the aspects of defending civil rights of administrative litigation, of protecting legal interests of administrative counterparts from infringement in the past 20 years. But, with the push forward of the administrative litigation, the current confirmation standard of administrative litigation defendant qualification becomes an important factor embarrassing administrative counterparts defending their legal interests because of its drawbacks, which greatly affects the construction of judicial system. Meanwhile, the confirmation of administrative defendants has become a matter of concern.The paper takes the confirmation standard of administrative litigation defendant qualification as study object to reconstruct the confirmation standard, basing on current regulations relating to administrative litigation defendant, animalizing their drawbacks, probing the profound reasons which bring about the current status, learning from foreign advanced administrative ideas, combining with the administrative judicial experiences. The paper has four chaptersThe first chapter focuses on the definition of administrative procedural defendant. The first part discusses the notion of administrative procedural defendant, which is consisted by three constitutive requirements including being administrative organs and organizations authorized by law or regulations and notified to respond to prosecutions, being prosecuted by plaintiffs because of infringement acts. However, it goes further to confirm qualified administrative procedural defendant by the standard of administrative procedural defendant. The following part discusses the implication of standard of administrative procedural defendant and the current standard in China. The third part studies on functions of the standard of administrative procedural defendant, namely, it is a necessary premise of starting up the administrative procedure, makes convenient for plaintiffs, and promotes administrative procedural proficiency.The second chapter: The current regulations of defendant qualification of administrative litigation and their drawbacks. The first part introduces regulations relating to administrative procedural defendant, including cases of administrative organ as defendant and of administrative body as defendant. The second part analyzes the drawbacks of current regulations, including defendant scope being relatively narrow, confirmation of administrative procedural defendant being difficult, and loophole existing in the standard of administrative procedural defendant.The third part: Analyzing reasons of drawbacks of administrative lawsuit defendant qualification. The first part discusses that it is a result of ignorance of value of procedural law; including the ignorance of administrative procedural law own value and the negative influence of traditional Confucianism. The second part discusses that the deficiency of theory basis brings about the loophole, including improper standard of"who is main body, who is the defendant", of"legislative delegation", and the standard of"legislative delegation"not only discords with reality but also affects defendant qualification of relating executive agency.The fourth chapter: Reconstruction of confirmation standard of administrative litigation defendant qualification. The first part discusses principles of reconstruction confirmation standard of administrative litigation defendant qualification, including convenience of filing a lawsuit,disconnecting subject of administration and defendant of administrative lawsuits, and administrative acts. The second part discusses reconstruction confirmation standard of administrative litigation defendant qualification basing on subject theory, namely setting a new strand which is"who act, who is defendant". The new strand takes all aspects into consideration, including procedure, facts and needs of legal relation, fills the gap of the administrative procedural law. Meanwhile, the new standard applies for special instances. The third part suggests improving legislation on confirmation standard of administrative litigation defendant qualification.