Study On Several Problems Of The Defendant In Administrative Litigation

The defendant in administrative litigation, is refers to by the damage of the specific administrative act to the administrative relative person filed a lawsuit, the court shall notify the respondent to make the specific administrative act of the administrative organs or the organizations authorized by laws and regulations. Because the special identity of administrative litigation defendants, for the government. Therefore, from the beginning of the initial lawsuit identity, it makes both the original defendant actually exists potential inequality, although administrative procedure law has repeatedly stressed the equality of both the original defendant in litigation, equality but it is fiction, not real equality. In administrative proceedings, maintain the rights and interests of the administrative relative person to compared with the identity of the relative strength of the defendant and the position to weak though many of the administrative procedure law of the People’s Republic of China has the defendant’s strong through legislation to restrict, but on the status quo of China’s administrative litigation, there are still not less worthy of our consideration. Firstly,through to our country administrative proceedings defendant defined rules to point out problems existing in our country administrative proceedings defendant, emphatically under the background of China’s current stage of administrative reform of comprehensive law enforcement and strong town to expand their power dialysis. By comparing the provisions on administrative lawsuit defendant overseas, combined with the given the status quo of China’s the some suggestions.