A Study On Regulations Of Litigation Rights Of Administrative Defendant

At present, system Prosecution, counterclaims, and the burden of proof and other procedural rights of Administrative Defendant have been Carried out the corresponding regulation in China's administrative litigation. As an important part of procedural rights , the right to appeal, has no corresponding regulation in the existing system . This paper hopes right of action against the chief defendants (including the right of appeal) Regulation system in order to be more conducive to guaranteeing the legitimate rights and interests of the relative and thus strengthen the protection of the rights of citizens led to the "right to restrict power" that the constitutional concept of implementation.At present, the executive power in social life, "a dominant power" situation is still very serious, and supervision mechanism of executive power to run has not been fully established and perfected the phenomenon of abuse of executive power have occurred. All these show that China's current system, there are large deficiencies in administrative litigation system does not give full play to the effect of the abuse of executive power is one of the reasons. In a sense, a kind of administrative litigation system is a system of checks and balances and constraints, it is "the right to restrict the power to restrict the power of power," the constitutional spirit of the embodiment of the administrative proceedings. In the administrative litigation rights, the right of appeal they occupy a very important position, which affects the final outcome of administrative proceedings. China's current appeals system of administrative litigation, administrative proceedings the plaintiff and the defendant have the same right of appeal, but there is no difference. On the surface, this is "equality before the law," the embodiment, but also fair and equitable performance. In fact, this equality is only "formal equality", in essence, is unequal. Not only because of administrative relative in administrative proceedings are often in the position to be managed with the executive there is an unequal relationship, but also because in the administrative proceedings against both the strength and the means are unequal.In order to achieve the original defendant, administrative litigation of both substantive and procedural equality of the substance of justice, the law should strike a balance between the "confrontation means" to weaken the strong side of the advantages, certain privileges given to the vulnerable side, thereby creating greater equality and freedom of action against environment. The defendant the right to administrative proceedings (including the right of appeal) to regulate, in addition to the existing administrative litigation system has been provided for the addition, but also should include two aspects: "The Chief defendant appeals against the general principle" and the "principle of change of interest is prohibited," the former belongs to weaken the strong side of the edge, which belongs to the prerogative of the law weak. By these two provisions can effectively reverse the administrative litigation in administrative and executive organs of the relatively unequal situation, the promotion of substantial justice equality.This article first meaning and purpose of administrative proceedings carried out an analysis to find out the administrative rights of the defendants (including the right of appeal) to regulate the "factor", and then the defendants the right to regulate the administrative system are analyzed, and the West and the three defendants appeal proceedings were compared, and then from a philosophical and legal aspects of administrative proceedings the accused the right to provide a basis for regulation, then made the defendants the right to build administrative regulation mechanism of operation and finally the development of China's Administrative Litigation prospect .