Study On The Third Party System Of Administrative Litigation In China

The third system originated from the Roman law, Roman law admits that the third person who has interests to others, can apply to join the litigation and appeal. The purpose of the third system is to make the interested parties outside the proceedings better maintain their own legitimate rights and interests. Each of the proceedings begins from finding out the facts of the case, applying the law correctly and then making a rule. In some cases, either the plaintiff or the defendant can not thoroughly settle the disputes. When necessary, the third person is introduced to the lawsuit, and put in the same suit, whether he exercises his rights or undertakes his obligations, which can help the court to find out the facts, specify rights and obligations of the parties, and promote to complete resolution of disputes.As one of the three lawsuits of litigation, administrative litigation also has the third system, and the third system of administrative litigation is an important system of administrative litigation. The advantages of the third person participating in litigation are as follows: to achieve a lawsuit of the merger proceedings, to simplify procedure; to achieve procedural justice; to protect the lawful rights and interests of oneself, and to improve the quality and efficiency of the trial, as well as to supervise the administration organs according to law and realize the administrative law. This system involves more theories, and is of great practical significance, so it should paid more attention by the Administrative Procedural Law. But considering the fact that the third system is simple in Chinese laws and regulations, there is no solid foundation about its research. This current situation makes theories and the judiciary on how to identify a third highly controversial. Along with the gradual deepening of administrative litigation practice, the third issue of administrative litigation has become increasingly complex. In order to accurately understand and apply the third system of administrative litigation that China set laws and regulations, and to better serve our theory of judicial practice, it is necessary to perfect the system of research again.This paper, based on the current legislation in China combined with the practice of administrative trials about the Supreme People's Court and the judicial interpretation, discussed how to further perfect the third system in Chinese proceedings from the view point of administrative law and administrative litigation.Apart from the Preface and postscript, this thesis is divided into four parts. Preface is an introduction, with the aim of setting a solid foundation for the whole thesis. First, the significance of the third system is introduced; Second, a brief introduction is followed by the third system in Chinese laws and judicial interpretation , and the problems are detailed ; Finally ,the problems and motivations of this thesis are provide..The first part introduces the basic concept, characteristics and theories of the third administrative proceedings. First, the concept of the third person is discussed, the author's attitude towards the argument on how to define the third of administrative litigation is shown. Secondly, we make a contrastive analysis on the third system between administration and civil litigation about commons and difference, in order to better define the third person of administrative lawsuit, which paves the way for later; Finally, there three basic principles that should be followed, which is the innovation of this thesis.The second part is a contrastive analysis on the current situation of domestic and foreign administrative proceedings law. First, regulations on China and Taiwan's in current legislative is introduced; second, we analyze the administrative litigation system about the third system and classification situation in foreign countries (mainly Germany and Japan); Finally, some common features of the third system in Taiwan and foreign litigation system were summarized, in order to provide useful lessons for improving the third system of administrative litigation in China.The third part, analyzes the disadvantages when applying the third system in China. Three questions are discussed: standard definition; classification and the administrative organs qualification as the third person. Flaws and shortcomings of the operation of this system are found, which the aim providing realistic basis for perfecting the third system of administrative litigation.The fourth part, which is the core and innovation of this thesis, puts forward suggestions for perfecting the third system of administrative litigation in China.