The Definition Of The Third Party In The Administrative Litigation

The third party in the administrative proceedings refers to the participants, legal persons or other organizations who are not the plaintiffs or the defendants. They will participate in the proceedings which related to their own interests, with permission of the court or their own initiatives.Administrative litigation system of the third party is established on the basis of the law. From the perspective of rights restrict power, of the social contract theory, of the justice theory in proceedings, and even of the requirements prescribed by the Constitution, we can surely say that the establishment and the development of this system are necessary. And it is conducive to ensure the court’s performance is correct and its administrative cases will be timely handled; conducive to simplify the proceedings, saving the costs of litigation; favorable for protecting the rights of the third person; and even conducive to oversee the administration.The administrative litigation system of third party in Germany, Japan and Taiwan is known as litigation participation. Through the introduction of their research in this area, as well as the blind side the in our country, we can easliy draw the conclusion that their litigation participation is beneficial to ours. The current situation of the administrative litigation system of third party is still imperfect, and causes furious discussion. So far, with only a law bar and an explanation, it seems so weak in the practice of law.Out of consideration for meeting the dual need of theory and practice, this paper puts forward three proposals:(1)"verdict" is the connection. It contributes to avoid the defects when defining criteria of the third party, and also helps to facilitate the absorption of the new theory;(2) to introduce the litigation participation into our legal proceedings, and to identify the type of the third party in practice, protecting the interests of those interrelated staffs.(3) To make a parallelism between the ways of participating in proceedings and the types of participating in the proceedings, so the way of the third party can be clearly identified. Therefore, in the proceedings of litigation, one of the parties should have rights to inform the related third party of his right to participate in the proceedings due to their own losing, so that the third party can attend the lawsuit.