Research On The Third Party Of Administrative Litigation

Administrative procedure law of the third party system in administrative litigation is a highly theoretical and practical research significance in the subject. In the administrative litigation of our country to set up the fundamental purpose is to limit the abuse of administrative subject, safeguard the legitimate rights and interests of administrative relative person and the third person. The establishment of the third party system in administrative litigation in our country has very important meaning, can find out the case facts, the application of law, resolve disputes, simplify the procedure, sets up the judicial authority, guarantee fair verdict, maintain the lawful rights and interests of the parties. Though the third party in administrative litigation system is for the reference to the civil litigation system of the third person, but of the development of the third party in administrative litigation are completely not reached the degree of maturity to which a theory of civil litigation system of the third person. In our country at present, due to the imperfect legislation and other theoretical controversy, the relevant laws and regulations of the third party in administrative litigation system is relatively simple, so there is much debate over the third party system in administrative litigation in theory, at the same time also encountered many difficulties in judicial practice and debate. Along with our country the development of society and the improvement of people’s legal consciousness, more and more about the third party in administrative litigation and complicated, need to more detailed provisions are formulated to improve it. This article proposed from four aspects to the third party in administrative litigation system is discussed, the first part mainly introduces the connotation and basic characteristics of the third party in administrative litigation, the main function; The second part mainly introduces the current problems of the third party in administrative litigation system, this paper mainly from two aspects, the first part is the legislation on the existing problems, and how the regulation of our country’s current system, should focus on interest in including definition, criteria for the classification of the third party in administrative litigation, administrative organs could become the third party in administrative litigation dispute, administrative litigation, the third person to participate in the program and its status and authority is discussed; The third part mainly discusses overseas some developed countries and regions more successful theory and practice, focusing on Germany, Japan, the United States and other countries of the third party in administrative litigation system is introduced, the analysis for the current problems existing in the administrative litigation system of the third person what are worthy of reference and learning. Last part for the second part puts forward the problems to solve, consummates our country the third party system in administrative litigation, in order to build in accordance with the situation of our country the third party system in administrative litigation.