Wang V. Tongshan County Organization Department

Today, the requirement of implementing executive power is highly demanded by various social participations. Basically, authorities those who are autorised by administrative organ and organizations authorized by laws and regulations as administration bodies. However, with the continuous advancement of social undertaking, the scope of bodies is enlarged broadly.Nevertheless, Some executive activities occur between two unequal bodies. For instance, appoint and dismiss rights between The Communist Party and party members, autonomy between Village Committee and villagers, the punishment right between industry associations and members, and the administration right between school and students. The former bodies basically do not have the executivc power on the legal level.However, even though all the activities are belonging to executive power implementation, currently in China,defendants in administrative litigation must are those who are the administration bodies. Therefore, it is hard to define the defendant in executive dispute and the real defendants may be out of the judicial supervision. It is not only harm the processing of administrative litigation law, but also obstruct the progress of construction of Socialist Law.This essay will focus on a case that Wang, a candidate who passed the written examination, interview and physical examination of Civil Service Examination but not be employed by Tongshan Country Organisation Department. They also stated that Wang violated family planning policy and his political censorship failed as well.In this case, Wang implemented self-litigation of executive against Tongshan Country Organisation Department, but the court rejected his lawsuit because the latter cannot be the efendant body. This essay will analyse the reasons that why in this situation, legal interest damage happened but lack of responsible. At present, it is complex to ensure the defendant in administrative litigation law and sometimes resulting the defendant absence, meanwhile, the judicial remedy is too narrow to help the litigant. Furthermore, the ambiguity of executive process and procedure also causes a harder circumstance of defining the defendant in administrative litigation law.this essay advices that concern the rights of litigant, to establish a standards based on executive acts of public power that adjust the scope of body in administrative litigation law could partly solve undefined administration bodies. Because in the definition of public power, organisations and people who implement executive power will all become the administration body. Thus the executive defendant will be enlarged as well. This essay aims on supplying some ideas about set up a rational executive litigation that for academics and researchers in this area.