Recognition Rule Of Defendant's Qualification Of Administrative Litigation

The rule of recognition of defendant's qualification in administrative litigation is a rule for judging whether one of the subject be provided with defendant's qualification. The rule of recognition of defendant's qualification in administrative litigation in China has gone from the administrative organ shall be the defendant to the administrative subject shall be the defendant. According to the rule of administrative subject:an administrative organ and an organization authorized by the laws and regulations as the defendant.The text analyzes the drawback of the rule of recognition of defendant's qualification in administrative litigation in operation, to probe the necessity and feasibility of re-establish the rule of recognition of defendant's qualification in administrative litigation,and then propose taking the administrative public authorities as the defendant of administrative litigation.It is important for protect citizen,corporation and organization.It has significant to administrative litigation system.The text diwides into four parts:The first part outline the conception and meaning of the rule of recognition of defendant's qualification in administrative litigation,The second part analyzes China's current rule of recognition of defendant's qualification of administrative litigation--the rule of administrative subject,have many drawbacks,mainly in the following areas:The rule of recognition of defendant's qualification of administrative contrary to the purpose of administrative litigation, resulting in a lawsuit a waste of resources, ignoring the value of the procedural law, narrowing the scope of the relief, resulting in the determination of the defendant complicated, confusing the concept of property.The third part probe the necessity and feasibility of re-establish the rule of recognition of defendant's qualification in administrative litigation. Taking into account to protect the litigant's right,to develop administrative constitutionality,to direct administrative trial and to achieve social harmony, it is necessary to re-establish our administrative litigation defendant recognition rule.The feasibility of re-establish the rule of recognition of defendant's qualification in administrative litigation include:In domestic we have possessed requirement of re-establish the rule of recognition of defendant's qualification in administrative litigation:In foreign country we have mature experience as consultation.The fourth part propose to re-establish the rule of recognition of defendant's qualification in administrative litigation. Re-establish the rule of recognition of defendant's qualification in administrative litigation must comply with the purpose of administrative litigation,to settle disputation, to save resources, and to separate the defendant from administrative subiect as principle.Taking the administrative public authorities subject as the defendant of administrative litigation. Thus all the administrative public authorities are included in the defendants scope of administrative litigation. Whether it is an organization authorized by the laws and regulations, or an organization as entrusted by an administrative organ, whether it is an administrative organs,an internal organs of administrative organs,an temporary agencies, the formation of institutions, whether it is football associations,universities, village committees, resident committees, and individual in special circumstances,as long as in the name of itself,all of the administrative public authorities can be as the defendant of administrative litigation.And introduces after re-establish the rule of recognition of defendant's qualification in administrative litigation,the defendants of administrative litigation include an administrative organ and an organization authorized by the laws and regulations as the defendant,other organization, commander and captain.Elaborate recognition of defendant's in administrative litigation and defendant'liability when he lost a lawsuit.