Administrative Behavior And Protection Research

In accordance with the specific administrative behavior of the administrative law relationship, the subjects including administrative organ and the private party, but with the changing in the practice of modern administration, as well as the development of the theory about counterpart, people place more and more attention on relative who has been interested with. The author definite these affiliated persons here as "the third party in administrative law relationship ". From the perspective of Chinese current law, it has been defined as "interested party" in "Administrative Reconsideration Law", and the "Administrative Litigation Law" also provides that those persons who included as "a person has a legal interested of the specific administrative acts of the defendant "may bring an administrative lawsuit. As a result, we have found that "interest" is the key to form a third party in administrative relationship. Based on the analysis of the elements of interest, the author defined the meaning of such third party. And then the author pointed out the characters of them. At the same time based on the relationship between the interests who has, the article distinguished many different types of the third party. After analyze some similar concepts, it also point out the special legal status. Then the author focuses on administrative action to protect rights and interests of a third party problem. Analysis of protection of the theoretical demands and practical significance, the article put forward many principles such as adequate compensation. Reference to some procedural legislation of other countries, author focus on ordinary procedural rights and special procedural rights-the rights remedies, and put forward a number of insights on the basis of research current law.