Ngo Administrative Proceedings The Defendant Eligible For Study

The non-governmental organizations (NGO) being on the rise, is an important accomplishment in developing of the civil society in the 20th century. In most countries of the world, there's a great Third Sector composes of non-governmental organizations. Third Sector is playing gigantic pushing role to social development. Some scholars think that the social and political significance of the NGOs appearing in end of the 20^th century can compare with the rising of democratic states in the 19th century. The rise and development of NGOs is the inevitable trend in the development of human society. In our country, with the ceaselessness restructuring of the market economy, the successive steps reforming the political structure spreads out, NGOs have also been gaining hitherto unknown space for development, they have been bringing the more and more important effect into the public administration field. Colleges and universities, institution, industrial association, bearing the important society function, the condition being exercising public big and powerful but broad authority, disputes between NGOs and happened with the citizens, corporations or the lawpersons are also more and more frequent. However, taking administrative subject theory, which includes but the organizations that the administrative organ and statutes authorized by laws and regulations, as basis of administrative lawsuit defendantqualification ascertaining standard, NGOs are excluded from the range of administrative lawsuit, while not exercised public authority under the condition that laws and statutes authorizes, this leads to the results that the protection to relative person's right is very disadvantageous according to tradition standard. The author intends to set off from for sure standard self-examination of tradition administrative lawsuit defendant, tries to structure a public authority of parallel science standard, analyses , comes to a conclusion and then by the fact that the source, authority content, relation, regulations stipulations of an agreement character and their position going ahead in administrative law with the member are in progress to the NGOs authority: NGOs are public authority exercising subjects, therefore, can be the administrative lawsuit defendant. Moreover, different from the state public authority exercising subject, NGOs are public authority of society's exercising subject and the basis of civil society strength, and also representative for the desire of participating in the politics. It ought to be given more respecting and vaster space for development. Judicial powers should give consideration to the particularity being defendant law case to NGOs when getting involved in, the kind mounting and adjudging the range and intensity should insist on the conservative attitude all the time, examining on the procedure starting, all responds to the boundary finishing grasping judicial powers and the autonomy on way.The innovation of the paper lays that abolishing the administrative subject criterion, simultaneously, having constructed tradition having suggested that the new administrative lawsuit defendant ascertains the public authority of standard, the behavior exercising public authority brings non-governmental organization into the authority having resolved public coming having arrived at administrative lawsuit middle, relieve the vacuum problem appears. And have analyzed here further on the basis, which public non-governmental organization authority behavior is to may appeal, judicial powers the boundary getting involved in, and this legal action particularity.The title is studies on NGOs' qualification of being administrative lawsuit defendant. The paper is divided into four parts, the foreword and three chapters.The foreword, introduces the condition that non-governmental organization develops and draws forth a problem in effect in society public administration life: Non-governmental organization is exercising public broad authority in fact, since but not belonging to administrative subject category, can not be brought into administrative lawsuit range inner as administrative lawsuit defendant. As a result, no-man's land messenger right is relieved appearing.First chapter, the standard for ascertaining the administrative lawsuit defendant qualification. After introducing the present standard forascertaining the administrative lawsuit defendant qualification and it's disadvantages, the author clarifies the factors that should be counted and the guiding function of the target of the litigation when comes to the standards for qualification. Then the author suggests to build a standard of public authority exercising.Second chapter, discussing on NGOs' administrative lawsuit defendant qualification. First, coming to a conclusion by the fact that position is in progress to the non-governmental organization authority source , authority content, the relation with the member , the regulations character and the person on the administrative law: Non-governmental organization is that public authority exercising subject, and ought to be the administrative lawsuit defendant.Third chapter, the particularities of the cases that NGOs being the administrative lawsuit defendant. Discussing on the details of the procedures of these cases, the author tries to express the particularities of the cases that NGOs being the administrative lawsuit defendant, including the range that the judicial power could interfere and the intensity of the examination.