Study On The System Of The Third Party In Administrative Proceedings

The system of the third person in litigation derived from the ancient romanlaw. Because conflict of interest between the prosecution and defense maybe involve one of the third person who does not belong to them. It derived from the civil procedure act. The administrative procedure law of 1990 even truly established the administrative litigation system of the third person. The administrative litigation system of the third person has important meaning both in theory and practice. The establish and perfection of the system of the third person in litigation contribute to simplify proceedings, reduce the cost and increase the efficiency. It can contribute to ascertain the case fact, guarantee the fair justice and set up the judicial dignity and authority. It can contribute to supervise and restrict administrate subject promote administrate by law and lesson the burden of parties protect the legal interest of party and achieve harmonious society.In the Administrative Procedure Law of the People Bank of China which has been implemented, abstract administrative act and administrative factor behavior have included the scope of accepting cases of administrative litigation for the first time, and the scope of the judicial review has been larger and larger. But from the point of the stipulation of the legislation, it only makes the principle ones about the system of the third person in litigation. The interpretation about the system of the third person in litigation by the supreme peoples court is also slightly general and lacks maneuverability. There are some controversies in qualification standards、type classification、the third person’s legal status and litigious right、and the third person’s concurrence of legal status and the third person’s evidence burden and so on. With the constant appearance of the new practical problems about the administrative action, the third person in litigation has been more and more complicated. In order to comprehend and apply to the stipulation abut the third person in the Administrative Procedure Law exactly .It is necessary for the problem to further research.The thesis is based on legalism,uses the research method of comparative analysis、economic analysis and empirical analysis and carry on the deep research in the system of the third person in litigation. It starts from the basic summery, which introduces the conception、legal characteristics and the value and purpose of the third person in litigation in order to have a general understanding and grasp.then it points out the problems in the system of the third person in litigation by listing them: the qualification standards of the third person is ambiguity; the type division of the third person is ambiguity; the legal status and litigation right are not specific; the system of the third person."Foreign stones may serve to polish domestic jade." By learning the mature civil law countries such as German Japan and Taiwan in our country, we can provide the best choice to perfect the system of the third person in litigation.So it introduces the regulation in the system of the third person in litigation as following. The last part of the thesis is the perfection about the system of the third person in litigation. It administrative proceedings against the third party of the current system the problems, drawing on foreign experience in the theory and practice of other advanced third party system, It puts forward the " interests in law" and" interests in fact "as a third party eligibility criteria, which is the innovation of this paper. It also put forward concrete proposals and counter plans for the necessary divisions of the third party politics, ordinary administrative litigation and administrative organ third auxiliary participate in the proceedings of third party. I hope it can help to the development and perfection of the system of the third person in litigation of our country in future.