Recognition Rule Of Defendant’s Qualification Of Administrative Litigation

In1989the administrative procedure law so far has been issued, the defendant is the necessary conditions of administrative litigation, only the correct that, to better protect people’s rights. At present, the administrative lawsuit accused the determination of administrative subject qualification is for standard. But, as our country’s administrative organization system is a complex system, and the development of social public administration, and the current of administrative litigation of the defendant qualification standards to the judicial practice to bring about many difficulties, lead to the administrative relative person’s rights cannot be timely, effective protection. Only by administrative subject for the defendant can’t meet the needs of the citizens in litigation relief, a large number of the loss of the defendant, make the other party’s legitimate rights and interests are infringed upon and not constantly relief. Administrative lawsuit accused is the indispensable element, so, the defendant qualification standards has significant litigious value. Therefore, the thorough and careful studies how to set up a scientific and reasonable standard is a real necessary.This paper argues that in our country the size and complex relationship administrative organizational system environment, administrative litigation the defendant qualification standard effect is particularly important. Understand the administrative lawsuit accused the meaning and characteristic of the qualification standards as establishing a scientific and reasonable administrative litigation the defendant qualification standard basis. Analysis and evaluation of the existing administrative lawsuit qualification of the theoretical basis to determine the defendant-administrative body theory, although the theory from the overseas introduction, but the theory in show, the administrative body as established by the standard of qualification of administrative litigation highlights the defendant has many defects, so points out its scope, the defendant in a defendant’s confirmation process and procedures, and the deficiency of value. Therefore, China shall, according to the national conditions, foreign successful experience, protection of the administrative procedure law independent value, established in order to suit for the main purpose of administrative litigation of the defendant qualification standards. Along with the further deepening of reform of the political system and government function change constantly, more and more government administrative function from the government to separate out with social management function the other body exercise. The organization is difficult to use the administrative subject to cover. The determination of the defendant administrative litigation should be adhere to certain rules, although some scholars put forward the administrative litigation of the defendant to determine the new rules, but new rules of the concrete connotation of lack of in-depth research. In the comparative analysis and critical inheritance based on the existing perspectives, this article of administrative lawsuit accused qualification standards to structure, establish public administrative function standard for administrative lawsuit accused qualification standards. This paper focuses on the connotation of the standard do further comprehensive interpretation. On the basis of administrative litigation to determine the defendant to solve difficult problems.