The Research On Interested Parties In Administrative Litigation

Relations of the administrative law services by the management to change the legal status of the administrative counterpart, people have reached a consensus. But for interested parties on the administrative law the legal status of administrative law scholars have not yet reached a common understanding. In this paper, based on previous research results to interested parties in the interests of administrative litigation perspective of stakeholders on the concept of administrative proceedings, characteristics, conditions for prosecution, and the protection means to be a type of comb, and make some recommendations. Details are as follows:The first part of the content of administrative litigation stakeholders. In this section, under the "Administrative Procedure Law," Article 2 and the "Administrative Procedure Law" Article 27 provides for the qualifications of interested parties participate in the proceeding. Supreme People's Court, "Judicial Interpretation of Administrative Procedure Law" Article 12 and Article 13 provides for administrative proceedings in the trial of the plaintiff to establish the practice of the new eligibility criteria. And by "a number of interpretation" Article 12 provides that a party to proceedings to determine whether the Administrative Litigation on the premise that a party to litigation and administrative organs of the specific administrative acts made a "legal interest." Articles in this section of the stakeholders in the process of administrative proceedings the concept and characteristics of the so-called administrative process that is interested in the relationship that the administrative law, administrative act not subject to point directly to the executive, and the right indirectly affected by administrative action obligations of the executive relative to a person other than citizens, legal persons and other organizations. Its extension is uncertain, both are citizens, legal persons or other organizations can also be the executive; either as a citizen, legal person or other organization, it may be a certain number of citizens, legal persons or other organizations.The second part, discusses the administrative litigation proceedings stakeholder conditions. The author believes that the interested parties filed administrative proceedings must have three conditions. (A) the interested person or related persons benefited or damaged due to administrative action, and such gains and losses should be subject to judicial protection. Such rights include the rights and interests. Of course, not all such benefits specified by law, specifically those identified, including the law does not specify certain rights, which is in the social practices or habits derived from the interests of those laws have not been clearly defined interests of the same worthy of the law to protect (b) the relative or related interests shall be protected by the influence of the validity of administrative acts (usually expressed as an interest of the damage), and this "influence" to a considerable degree of causal relationship. (C) Administrative proceedings interested party has a specific claim and the factual basis. Administrative litigation proceedings expressly qualified interested party entitled to legal status for the full implementation and enforcement of "the Administrative Procedure Law," the legislative thinking, strengthen supervision of administrative organs according to law, the full protection of citizens, legal persons or other organizations of the legitimate rights and interests, with far-reaching significance. This part closely around the three elements, combined with trial practice to start on.The third part the classification of administrative acts, based on analysis of various administrative actions that may arise from several common form of stakeholder action. In the administrative license, the analysis of exclusive rights granted eligibility in the proceedings, the right to fair competition in the litigation eligibility, the eligibility of the neighboring right in the action; in the administrative punishment of the victims in the litigation issues, groups or organizations punished, litigation status of its internal members, or members of the penalty, its actions in the group or organization eligibility; in the administrative ruling, the analysis of the parties dismissed the litigation rights of the application was dismissed on the right qualification and right of the parties who apply for qualification proceedings; interested parties on the administrative litigation law and administrative litigation proceedings arising from the de facto stakeholders.The fourth part, the article discusses the protection of administrative litigation rights of interested parties. As China's "Administrative Procedure Law," the judicial interpretation is not perfect, the protection of administrative litigation has been interested in a fuzzy state, the closure of these interested parties the right to seek judicial relief. This first leads to the concept of administrative proceedings stakeholders through stakeholder analysis to determine the concept of standing to sue the interested parties, stakeholders and the contrast administration relative administrative body similar to those related to position, and in administrative proceedings What type would be sued by the interested parties, interested parties are given the protective measures, first, to establish the administrative procedures, the principle of equal protection of private rights. Second, there is no clear administrative proceedings in the legal qualifications and status of the interested parties, the use "of certain interpretation" of article 12 to determine whether the plaintiff qualified interested party administrative proceedings, this time made by the administrative body administrative acts impact is legally interested person. Third, the development of administrative procedural law and improve the rules of evidence. Fourth, the interests of justice, fairness and universal applicability of the law, flexibility and avoid "one size fits all" requirement to bring the stiffness, in certain circumstances, the law should have exceptions to the law or administrative procedures method to build a relatively complete system. Interested parties of the current research on the administrative proceedings are not many, and the relevant legal provisions and judicial interpretation is not very detailed, for the effective protection of the interests of stakeholders can not get immediate results. We also call upon the theory of law to give more support to researchers bit more effort to make judicial practice.Finally, the production of administrative proceedings and protect the interested parties have deep and broad theoretical basis, so interested parties to strengthen the administrative proceedings study also has a very broad, far-reaching significance and has a divergence. As a new legal concept, its clear role in the process of the executive power of the different legal status of private and that the difference between the concept and relief areas; as a theory, its reduction of the complexity of the relationship between administrative law, the executive power positioning by the management of public services have gradually shifted the power of the executive power more explicit protection of private equity function, the problem of the administrative process stakeholders will help improve the relationship between administrative law theory, rich in administrative proceedings is conducive to the qualification of the plaintiff and the third theory; as a system, by improving the system of administrative procedures, and social security of people and interested parties relative to the role of the executive power of the multiple monitor the process, help to further promote the administrative organs according to law, improve the quality of administrative law enforcement and strengthening social supervision of law enforcement. Administrative body to promote administration according to law, and reduce the judicial power and executive power of the conflict, protection of the national coordination authority.