New Exploration On Third Party System In Administrative Litigation

The third party system, as the one of the important systems, started later and developed slow, which was the same as the administrative litigation system. In recent years, with China's economic and social have developed comprehensively and the socialist concept of rule of law has promoted overall, the administrative proceedings involved the third party is increasing complex and the trails are progressively more difficult. Correspondingly, the existing provisions related the third party has exposed the serious deficiency of legislation. Since the court was confronted with enormous difficulties in the application of the law, judges have broad discretion to trail the cases involved the third party. Consequently, it is neither conducive to protect the legitimate rights and interests of the third party, nor contribute to the smooth progress of the trail ,even damages the judicial authority. In this context, improving and perfecting the third party system are imperative.In this thesis, the comparative analysis and the empirical analysis are the main research methods. On the one hand, according to comparative analyze and study the administrative litigation at home and abroad, the direction of the third party system will be made clear. On the other hand, integrated with typical cases in China's administrative and judicial practice, the third party system will been empirical analyzed, with a view to perfect the third party system. As for the text structure, the thesis would be divided into two chapters. One chapter is about the vertical and horizontal exposition on the third party system. The other chapter is the exploration on perfecting the third party system in China's administrative litigation, which includes the following four parts.Partâ… : the rational cognition on the third party system.First of all, compare the third party in administrative proceedings with the relevant concepts, to clarify the concept and characteristics of the third party. Secondly, review the history of evolution and the development of the third party. Finally, from the perspective of jurisprudence, interpret the legal value and functions of the third party system, so as to establish the solid theoretical foundation of the further construction of the system.Partâ…¡: the comparative analysis on the third party system. This part focus on comparing the system of participants in administrative proceedings abroad with China's third party system, in order to reveal the defect of China's administrative litigation, and further find out the urgent need to improve the third party system.Partâ…¢: clarify the eligible elements of the third party.The eligible elements of the third party are the basic issue of establishing a series of the specific systems of the third party. For a long time, the academia has a lot of controversies on this issue and the court has also the confused standards on defining the third party. Thus, it is important to analyze and clarify the eligible elements of the third party in administrative proceedings, integrating with China's administrative and judicial practice.Partâ…£: clarify the type and legal status of the third party.The Administrative Procedure Law of the People's Republic of China (which is called The Administrative Procedure Law for short) has not divided explicitly the type of the third party. However, the situation of the judicial practice is complex, so the different type of the third party has different litigation rights and incurs different litigation obligation and the burden of proof. The author divided the third party into the voluntary third party and the compulsory third party, as the standard of"whether the third party has the disposition on participate in legal proceedings", and as a basis for the exploration on the legal status of the third party of different types.