Review And Refactoring: Administrative Lawsuit Defendant Qualification Standards

The recognition criteria for the quality of defendant in administrative lawsuit is a rule for judging whether the individual or organization of the subject can be provided with defendant’ qualification. At present, The recognition criteria for the quality of defendant in administrative lawsuit of China is the Administrative Subject Criteria, which means the defendant in the administrative lawsuit must be a administrative subject, that is a administrative agency, or an organization authorized by the laws or regulations, the Administrative Subject Criteria had an active role,but with the development of Rule By Law and the Society, it’s defect reflect slowly.The text is divided into three parts:The first part describes the Recognition Criteria for the Quality of Defendant in Administrative Lawsuit’s concept and function.The second part discusses the Theory of Administrative Subject’s defects, the role of the Theory of Administrative Subject and the Recognition for the Quality of Defendant in Administrative Lawsuit have different terminal values. The former’s is to research the internal structure of the administrative organizations and the relationship between the administrative organizations, and the latter’s is used in substantive laws to protect the private paty.The third part discusses how to reset the recognition criteria. To reset the recognition criteria for the quality of defendant in administrative lawsuit should follow six principles, which are process value, convenient prosecution, final judicial, opening, coordination and manipulation. To this day, scholars put forward three views, which are the New Administrative Subject Criteria, Administrative Act Criteria and Act of Public Power Criteria. To reset the concept of Administrative Act is the precondition for the resetting of the criteria. To found the criteria of Administrative Law Enforcement Entity should except justiciability of such acts as behavior of no consequence, administrative arbitration, administrative mediation, administrative reconsideration, etc. Administrative law enforcement entities contain administrative agencies, organizations or individuals authorized by the laws or regulations, and other organizations that undertake public administrative functions.