Research On Administrative Litigation Third Interests Protection

Administrative Litigation third party system started late, theory is not perfect, there are a lot of legislation gaps. In recent years, with the development of the concept of the rule of law and take-off of China’s economy, the situation in administrative proceedings involving third party increasing number of cases of difficulty referee also increases. Accordingly, the existing law on administrative litigation provisions will be the third person exposed serious flaws in the legislation. Since the people’s court stretched in the application of law, administrative litigation in cases involving a third person, the judge often enjoy greater discretion. It is neither conducive to protecting the legitimate rights and interests of the third party of administrative litigation, is not conducive to the smooth progress of judicial work, and even affect people’s court to establish a judicial authority. The new "Administrative Procedure Law" in 2015 on the implementation of the third party system has been improved, but there are still many gaps legislation, judicial practice is difficult to solve a lot of the legal issues, the introduction of the latest judicial interpretation does not concern the issue of third party and therefore improve the administrative system of the third party is necessary. Elements of this paper, research methods analysis and comparative analysis, first of all, the new law on administrative litigation for the third party provisions of the legislative analysis, the progress of the department under the new Administrative Procedure Law, the legislative background of the third party system and handicap. Secondly, by the third party of administrative litigation existing academic achievements induction and deduction of interest were analyzed constituent elements, components from equity stakes elements and causal elements composition, with the deepening of the theory obtained Analyzing method stakes defined by the method may clear the qualification of administrative litigation third party; Finally, our theory, the specific circumstances of the administrative practice of the third party appearing on the third administrative litigation division of the type of person, and on the basis of the type of division on the characteristics of each type of rights litigation and a third person were elaborated.