Finds That The Third Person Of Administrative Litigation

The cognizance of administrative litigation is especially a important theory problem in the administrative litigation system of the third party and is also the basement of it, which plays a very important role in the theory and practice.Even though the administrative litigation system of the third party has been confirmed in our country's administrative procedural law, we can also find it is still explicit and deficient general through specific provision for existing in-depth analysis. As the administrative litigation law in article 27 regulations:"with a lawsuit specific administrative act has interests of citizens, legal persons or other organizations may play as third party applications to participate in the litigation, or the people's court shall notify the one to participate in the litigation."Thus, we can only according to the provisions as the standard to identify the third party, so the cognizance of administrative litigation is the "third party only who has interests in a specific administrative act of a citizen, legal person or other organization." Obviously this standard is too simple and the maneuverability is not strong, which results in the cognizance of the theoretical circle dispute continuously. The lack of top legislation and theoretical disputes caused wrong column and the third person situation disorderly listed in the juridical practice of our country, so common occurrence of administrative litigation of third party identification system research and perfection is necessary.This paper attempts to purpose the third party from administrative litigation system establishment as a starting point, analysis the existing problems for identifying of China's administrative litigation and put forward rationalized suggestion with the development and perfection of the cognizance for the third party of administrative litigation in our country.