Reflection And Exploration On The Confirmation Rules Of Administrative Litigation

Authorities and organizations can as a defendant, which has the exercise ofadministrative powers, and even some administration officials personal as defendants. That is,we often say that "who the principal, who is the defendant, because that this rule has itslimitations. The defendant’s,wich due to the high degree of overlap of the administrative bodyand administrative litigation, causes the determination of the defendant eligible evencomplicated, so many administrative acts are not included in the scope of judicial review,leaving a blank right relief, which is not conducive to the protection of the legitimate rightsand interests of the relative. It will weaken through administrative proceedings and supervisethe administrative organs of administration according to law, and constantly improve thecapital efficiency of the administrative functions. In this paper, we will analyze thepredicament and by way of our current confirmation defendants in administrative litigationsystem,"standards of conduct" as to confirm the proper rules of the defendant, and thesystem’s Discussion and Analysis of its specific meaning. The text has four parts.Part one willanalyse of the status quo and defects of the current confirmation rules. Confused with theadministrative behavior of the administrative subjects with defendant the implementers andlegal duty was inconsistent and misplaced only complicates the determination of thedefendant, but also to make more than administrative action are not included in the scope ofjudicial review, is not conducive to the maintenance Relative legitimate rights and interests ofthe people. In addition, it also weakened the administrative proceedings and supervise theadministrative organs administrative, improve the quality and efficiency of administrativefunctions. Part two will analysis using comparative analysis, the defendant’s theory of China’sadministrative body theory and administrative errors. Drawn by France, Germany and otherWestern developed countries, theory and system inspection, administrative proceedings thedefendant in civil law or common law countries generally do not have the eligibility of theproblem, not only the exercise of administrative powers, authorities and organizations can asa defendant, and even some administration officials personal as defendants. Despite thecountry-specific system, but to confirm the principle, adhere to the convenience of the publicproceedings on the issue of administrative proceedings the defendant confirmation of thedefendant to facilitate the identification and prosecution of the relative and not limited to theadministrative body. Of the administrative body of theory with which comparison, there are considerable differences in the purpose, the administrative body positioning, the scope of theadministrative body, it is the main responsibility on the substantive law and procedural law onthe defendant eligible confused cause of Administrative Defendant qualification complicated.Part three will explore the guiding principles of the administrative proceedings, the value ofthe pursuit of the scope of the case, the program value. Comment on the theoretical basis ofthe administrative proceedings the defendant, the defendants confirmation system to reflectcurrent administrative litigation, clearly should be to re-establish a new standard fordefendants in administrative proceedings qualification. Part four will discuss the theory thatconfirmed as "standards of conduct" rules of the defendants in administrative proceedings.Factors around this idea, we eligible with defendant qualification phase separation in theadministrative body should be convenient relative to exercise the right to appeal, convenientthe judiciary exercise of functions and powers, and compatible with the development ofpublic administration as an important reference to establish the defendant. According to thestandards of conduct, any subject in its own name exercise of administrative public terms ofreference can be used as an administrative lawsuit defendant. As a result, the broader subjectis included in the scope of judicial review, effectively protect the relative rights of appeal. Atthe same time, in reality, as the standards of conduct of administrative proceedings thedefendant confirmation rules, it is not an abstraction, an empty concept, but its specificconnotation and denotation.