Study On The Right Protection Of The Third Party In Administrative Litigation

The system of the third party in administrative litigation first appeared in western countries. With continuous development of judicial practice and gradual deepening of theoretical research, the system is increasingly improved. The importance of the system of the third party in administrative litigation lies in providing effective protection for litigation rights and other legal rights of the parties in litigation. It is also critical to courts to identify facts rapidly and accurately and make reasonable judgment in a timely manner.However, due to the late start of the system of the third party in administrative litigation, China is lagging in theoretical research, legal requirements, and judicial practice, compared to Japan, Germany and other nations. There are many issues that need to be further explored in theory and improved in legislation, especially the right protection of the third party in administrative litigation. Lack of existing legislation and theoretical research results in the protection of plaintiff and defendant in judicial practice of administrative litigation with interests of the third party neglected, which is against equal protection of each parties’rights in judicial activities. Therefore, the thesis mainly provides a study and discussion about right protection of the third party in administrative litigation. Apart from the introduction and conclusion, the thesis consists of four parts.The first part gives an introduction about basic theories in the system of the third party in administrative litigation. Starting with the concept and characteristics of the third party in administrative litigation, the thesis states the differences between it and other relevant concepts, analyses its theoretical significance and points out provisions in existing laws and judicial interpretation concerning the third party in administrative litigation.The second part analyses the issues of right protection of the third party in administrative litigation in China, the deficiencies and defects of which are analyzed in five aspects.The third part shows a comparison and reference to extraterritorial administrative litigation system. With the utilization of comparative analysis method, the thesis provides a detailed introduction of right protection system of the third party in administrative litigation in Germany, Japan and China Taiwan in terms of the concept, classification, litigation procedures and rights of the third party in administrative proceedings. On the basis of the introduction, it gives a summary of the implications of relevant issues in legislation.The fourth part provides recommendations on improving the right protection system of the third party in administrative litigation. Four proposals are as follows.1. It should be clear that executive authorities can be the third party in administrative litigation.2. The third party in administrative litigation should be divided rationally.3. The position of the third party in administrative litigation should be stated clearly and the litigation rights should be defined in detail.4. Litigation procedures of the third party in administrative litigation should also be regulated specifically.Study on the right protection system of the third party in administrative litigation is of great importance to protecting the interests of the third party in administrative proceedings. The thesis utilizes comparative analysis, literature analysis and empirical analysis to explore the issue deeply and put forward recommendations in the improvement of legislation, which is expected to be an aid in the development of the third party system in administrative litigation. It is also hoped that the right protection system of the third party in administrative litigation can obtain attention from more and more people, thus making the interests of them fully protected.