Study On The Defendant In Administrative Litigation Accreditation Standards

Our country's administrative litigation cases have been increasing, the whole diathesis of administrative litigation judges and quality of hearing administrative litigation cases have been improving continually, protection to rights and interests of citizen, juridical person and other organization have been paid more and more attention, since administrative litigation law of the PRC was promulgated in 1989. At the same time, our country's theory of administrative litigation law has made a great progress with practice, which make us very happy. However there are some problems baffling the development of administrative litigation, such as the scope of Case-acceptance, qualification of plaintiff, intervention of administrative authority. Defendant qualification of administrative litigation is one of the problems too. I hope to find out the problems and the solution of the defendant qualification of administrative litigation by deeply discussing it in the thesis, so that they can promote the development of our country's theory and practice of administrative litigation. The thesis is divided into five parts as follows:The first part is definition of relative concepts of administrative litigation defendant's qualification. In this part we mainly discuss the differences and correlation between defendant's ability and defendant's suitability, defendant's qualification and defendant's execution right of suit, formal defendant and formally suitable defendant. We often mention the several concepts in discussing qualification of administrative litigation, but we don't understand them unanimously. So this part mainly offer concept basis of discussing problem by clarifying these 3 groups of concepts.The second part is the confirmation standard of administrative litigation defendant in our country. It mainly introduces stipulation of administrative litigation defendant in our country's active law and our country's scholars'summarization on confirmation standard of administrative litigation defendant in theory. This is realization basis of the thesis, and jumping-off point and end point to discuss problem.The third part is the confirmation standard of administrative litigation defendant in foreign countries and regions. It mainly discuss the confirmation standard of administrative litigation defendant in France, Germany, Japan and Taiwan region of the Continental Law System and in England and American of the Anglo-American Law System. It offers comparison basis by comparing and analyzing the confirmation standards of administrative litigation defendant in these countries and regions.The forth part is the problems and reasons of the confirmation standard of administrative litigation defendant in our country. In this part I want to find out the key of the problems in the confirmation standard of administrative litigation defendant in our country and analyze its reasons by comparing and analyzing the confirmation standards of administrative litigation defendant between China and other countries and regions. This part is the core of the thesis, and the most important decisive condition to solve the problem correctly.The last part is the amendment of the confirmation standard of administrative litigation defendant in our country including some factors we need to pay attention to in amending the confirmation standard of administrative litigation defendant and way out of the confirmation standard of administrative litigation defendant in our country. In the latter I put forward my concrete measures to amend the confirmation standard of administrative litigation defendant in our country by deflowering Ma -huaide's amendment to administrative litigation Law of the PRC. This is the countermeasures part of the thesis, and the end of my thesis too.