Study Of Defendant’s Qualiifcation In Administrative Litigation

Administrative Procedure Law, promulgated in1989and played an importantrole in promoting the construction of government ruled by law in China andprotecting citizens’ rights and interests, is an important milestone for our democracyand the rule of law. However, after development of more than two decades, oureconomy and society has changed dramatically and public demand for the rule of lawincreases. The current administrative litigation system has been apparently unable toadapt to the needs of the development of the situation, and the defendant qualificationin administrative proceeding is one of the problems.In real life, due toindetermination of the defendant in administrative proceedings, many cases ofadministrative proceedings can not start, which seriously infringed the plaintiff’s rightto litigate. That is not conducive to protecting plaintiff’s legitimate rights and interests,and would like to go against the spirit of human rights, which has aroused extensiveattention. In contrast, the defendant in administrative proceedings is rarely discussedin other countries because it is very simple to confirm that, without too muchdiscussion. This is worthy of us to reflect on the defendant system of administrativeproceedings, and to explore the cause of the problem.Based on the above, I consider it is necessary to conduct in-depth analysis of thisissue, and trying to find a solution. Before the analysis of the problem, the concept ofthe defendant qualification was defined. Around this concept, the ability of thedefendant, the defendant eligibility, the implementation of the right of the action, andlitigation power were analyzed and compared. Also the relationship（difference）between the defendant in form and the substantial defendant was investigated. Thepurpose is to clarify the relationship between them, to make an accurate definition forthe connotation of defendant qualification, to ensure logical consistency in theanalysis below, and to avoid unnecessary misunderstandings. Next, the problem of the defendant qualification in administrative proceeding inpractice was described in detail, and the reasons for these problems were analyzedmore deeply. The theory of the administrative subject is norm of the defendantqualification in administrative proceeding in our country, that is,"Who are theprincipal, who is the defendant." The defendant in administrative proceedings and theadministrative subject is one-to-one, and the defendant in administrative proceedingsis limited to the administration or organization authorized by the laws and regulations.Public power organizations (such as the Football Association, the village committee,etc.) can not become the administrative proceedings defendant, and plaintiff’slegitimate rights and interests can not be guaranteed. In addition, the concept oforganization authorized by the laws and regulations and legislative mandate areindefinite, so plaintiff can not distinguish commission and authorization, which is notconducive to confirm the administrative proceedings defendant.Besides, the setting of administrative structure and jurisdictioncompartmentalization are confusing in administrative organization law, which makesrelative person more powerless when facing numerous administrative agencies.Because of the existence of these problems, the legitimate rights and interests ofthe relative person can not be guaranteed. Author believe that the reconstruction ofthe administrative litigation defendant qualification rules is imperative. Comparisonanalysis method was used for analyzing the system of administrative litigationdefendant in other countries and regions, then commonness was summarized andobtained. On this basis, combined with China’s reality the behavior subject is used asthe confirmation standard of administrative litigation defendants’ qualification. At thesame time, the scope of administrative litigation and administrative organization lawwere improved.