The Research On Completing The Third Party System In The Administrative Litigation

The third party system is a very important system in the administrative litigation law.lt is very significant for clarifying the facts of some cases,ensuring fair judgments,avoiding conflicting judgments,safeguarding the invariability of the law,saving judicatoryresources,realizing litigation economy.However,the third party system in the administrative litigation law is a very complex and disputed theoretical issue,and is one of the problems in the judicatory practices.The administrative law circle in our country is lacking an unite and mature view towards some issues such as the concept,classification,status,rights and obligations of the third party in the administrative litigation.Moreover,since the ordination of the administrative litigation law of our country,it has lacked the congenitally deficiency,the main representations of which are the obscure legislation intention,short legislation items and low feasibility.Therefore,it is impending and necessary to comb,review and perfect our traditional system of the third party in the administrative litigation. On comparing the related theoretical achievements of the system of the third party in the administrative litigation in German,Japan and Taiwan District of our country and analysing mutatis mutandis of relevant system in the civil procedure law, the author advanced the ideal reconstruction of the system of third party in the administrative litigation commences with several aspects such as defining scientifically the concept of the system of third party in the administrative litigation in our country,nailing down the classification and standardizing strictly the important procedures and lawsuit status which the third party in the administrative litigation needs to attend the litigation,in order to benefit the theory research and trial practice of the third party system.This thesis includes the following five Parts:The first Part,makes a summary statements of the third party system in the administrative litigation.First of all,expounds connotation of the third party.Then,analysis the value of the research on the third party system in the administrative litigation.Finally,analysis the current situation of the third party system in the administrative litigation on analysing the existing laws and the current theories.The second Part,analysis and reference experiences of the related extraterritorial system.First of all,introduce the related extraterritorial system in Germany, Japan and Taiwan Province.Then,make comparison and reference of the related extraterritorial system on the extent scope,the various types,the procedure and the rights and duties of the third party in an administrative litigation.The third Part,analysis the mutatis mutandis of the third party system in the civil Iitigation.First of all,analysis on the feasibility and limitation of the mutatis mutandis.Then,introduce the classification and the feasibility of the mutatis mutandis of the third party in the civil litigation.Finally,introduce the specific procedure and the rights and duties of the third party in the civil litigation.The forth Part,analysis on the Perfecting of the system.First of all,by defining the extent scope and make a comparison with relevant concepts establishing an clear definition and extent scope.Then,perfecting the classification of the third party in the administrative litigation.Finally,setting the specific procedure and the rights and duties of the third party's participation in an administrative litigation.The fifth Part,make a summary.