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Research On The Identification Of The Qualification Of "Interested Parties" And The Related Issues In The Administrative Procedure

Posted on:2015-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:M L ZhuFull Text:PDF
GTID:2296330431454587Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country, both of the article27of "administrative procedural law" and the article12of the "Explanation of some issues on administrative procedure law of the supreme people’s court use the word "interest" when defining the qualification of the plaintiff and the third person. However, there is no uniform definition of the "interest" meaning in the legislation on administrative litigation. Theorists have also made some discussion on that, but it has been controversial. The blank of legislation and theoretical research lead to chaos in the practice operation. The results of identifying the qualification of the plaintiff and the third person of interested persons in the same situation is inconsistent in different courts because that their own understandings about interest are different, which makes interested parties in the similar situation on different litigation status and enjoying different rights and assuming different obligations. It is bad for safeguarding the lawful rights and interests of the opposite parties of the administrative organs. This article is aimed at the reasonable qualification of the plaintiff and the third person of the interested party and sorting out the differentiation of the status in the litigation rights and obligations of stakeholders involved in litigation, so as to restrain the discretion of the court and safeguard the legitimate rights and interests of the parties. Only in this way, we can get the substantive equality of the administrative organs and their opposite parties in the judicial practice.This paper is divided into three parts. In the first part, we first discuss the meaning of "interested parties". We points out that the connotation of "interested parties" Includes three elements:legitimate rights of the administrative relative person, increase or decrease of legitimate rights of the administrative relative person, causal relationship between increases or decrease of legitimate rights of the administrative relative person and administrative behavior. The extension of "interested parties" includes interested parties in accordance with the law and interested parties in accordance with the fact. Secondly, we point out the value and necessity of researching qualification of the interested parties involved in litigation and their related rights and obligations.I n the second part, we firstly discuss the Specific meaning of "interest" that defining the plaintiff and the third person. What’s more, we think that the "interest" that defining the plaintiff is legal interest and the "interest" that defining the third person includes legal interest and virtual interest. Secondly, we clarify that if the different interested parties have the qualification of the plaintiff and the third person in the lawsuit. The "interested parties" in accordance with the law include the "interested parties" who are suffer loss and not. The "interested parties" in accordance with the law include the "interested parties" who are suffer loss have both the qualification of plaintiff and the third person, however, The "interested parties" in accordance with the law include the "interested parties" who aren’t suffer loss and "interested parties" in accordance with the fact only can be the third person in the suit.In the third part, we discuss the relevant litigation status, the burden of proof and other rights and obligations of interested parties in the lawsuit on the basis of the results of the discussion in front of the paper. The interested parties that have both the qualification of plaintiff and the third person are parties in administrative proceedings. The "interested parties" in accordance with the law of the interested parties that have only one qualification of plaintiff and the third person are imperfect parties in administrative proceedings and the "interested parties" in accordance with the fact aren’t parties in administrative proceedings. The other rights include the right of prosecution, the right of appeal and the right to withdraw the suit. We also analyze if the "interested parties" have the right to put forwards the objection about the jurisdiction of the court. Other obligation is mainly the way of bearing the consequence of losing a lawsuit.
Keywords/Search Tags:administrative procedure, interested parties, qualification identified, Legalstatus, the burden of proof
PDF Full Text Request
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