Research On Confirm Standards Of The Defendants In Administrative Proceedings

We know, one of the fundamental role of the law but to make the human largenumber of numerous types of the same behavior and relations to achieve a reasonabledegree of order, and the enactment apply to acts or behavior should be limited rules ofconduct or standards of conduct. To accomplish this task, the legal system must be theformation of a legal standard to help a wide variety of phenomena in the social life andevent classification. This laid the foundation for uniformly and consistently adjust or dealwith the same or substantially similar phenomenon. Therefore, the legal standard to beconsidered a tool used to abstract legal norms pointing a shorthand way to identify thespecific object. Administrative Defendant appeared this legal standard, which we call theadministrative proceedings the defendant’s recognition criteria, the main thrust of itsexistence is to identify qualified administrative cases defendant.Recognition criteria of our current administrative proceedings the defendant is "whois the principal, who is the defendant," who is the administrative subject, who is thedefendant."This is based on the administrative body as to determine the proper standardof the defendant, is the affirmation of the administrative body or administrativeproceedings the defendant, on the contrary, not an administrative body is definitely notthe administrative proceedings the defendant. However, for a long time, thisadministrative body decide administrative cases, the standard of the accused during acertain period of time scheduled for the development of administrative litigation system,but with the deepening of the concept of public service, with the development of publicadministration, a large number of organizations exercising public functions appear,simply use "administrative body" as the standards of the decision to the administrativeproceedings the defendant has been unable to meet the needs of social development, andeven become the healthy development of the obstacles of administrative litigation system.Based on this, the basic theory of the standard as well as existing "Who is the maindefendants in administrative proceedings to confirm who the defendant" specificdiscussion of the standard drawbacks,"who acts, who the defendant" is a newrecognition criteria. And through a system of extraterritorial learn that the "behavior" in the "who acts, who the defendant" should not be "administrative action", but as long asthe organization has a community public management functions that can make thebehavior similar to the British judicial review as long as it is with public functionsbehavior that can.In recent years, exploring for the defendants in administrative proceedings toconfirm the re-positioning of the standard theory gradually increased, most people think"who acts, who the defendant" as a new recognition criteria."Who acts, who accused" asthe standard of the confirmation of the administrative proceedings the defendant nolonger need to confirm the perpetrators of the administrative body behind. This standardis the real sense of the Administrative Defendant recognition criteria, administrative bodyas a subject of litigation proceedings with the physical sense of separation, and the realvalue of the procedure body should have.