Administrative Proceedings The Defendant Eligible For Study

The administrative litigation is take the administrative behavior as the lawsuit sign,and provide the relief for the administrative relative person whose rights and interests are violated by the administrative behavior.The defendant is an essential factor of the administrative litigation,so we determine the defendant promptly and correctly is a important premise to solve the dispute and restore the ligitimate rights and interests of the relative person as soon as possible.Our country take the administrative subject as the standard for comfiming the administrative defendant qualifications presently.The administrative subject is an organization who enjoys the national executive power legally,implementates administration by own name,and undertakes the corresponding legal responsibility independently.In the administrative litigation,the defendant must have the administrative subject qualifications,the one who does not have the administrative subject qualifications cannot become the administrative defendant.That is "the defendant is the administrative subject" standard.Because when determine the administrative subject is take the understake responsibility independently as the main standard,therefore,"the defendant is the administrative subject" standard is also been called "whose responsibility,whose defendant" standard.At beginning,"the defendant is the administrative subject" standard have an positive effect on surveillancing the administrative organ according to law and promoting the administration legislative work in our country.But this standard also brings many disadvantageous effects in the judicial practice,it does not favor the protection relative person's right of suit,not to favor raises the administrative law enforcement level and simultaneously does not favor the harmony and the stability of the entire society.The theory of the administrative subject is the basis of the defendant qualifications of the administrative litigation,this theory is introducde from the overseas,but this theory is actualy different between our country and overseas,The theory of the administrative subject is one kind of decentralization legal technology overseas,it is take official business decentralization or the decentralization as the foundation.It is a litigant who undertakes the responsibility finally and does not have inevitable contacting with formal meaning's in litigant.Most defendants of the administrative litigation overseas are the litigant formally in order to convenient lawsuit.The litigant of formal meaning's is only representative of the litigant of material meaning,it represents the latter to appear in court to answer a charge and so on.But the final responsibility is understanded by the litigant of material meaning.The kind of standard to confirme defendant overseas is called "whose behavior,whose defendant" standard.But our country wrongly uses the theory of administrative subject to determine the procedure significance defendant's basis,so it causes a confuse between the entity significance defendant and the procedure significance defendant, causes the administrative litigation defendant to meet all sorts of difficulties and awkward in reality.Therefore,we should reform the system of taking the administrative subject as the standard to recognize the administrative defendant's qualification.When we reform this system,we should examine our country concrete national conditions clearly in the foundation and take the successful legistate experinece overseas as model.Our country should establish a standard of determining the defendant qualifications which is advantageous for the lawsuit as the main purpose,we should unifies the "whose behavior,whose defendant" and "whose responsibility,whose defendant" these two standards to confirm the defendant qualifications of the administrative litigation.