Study Of The Third Party System In Administrative Litigation

The Fourth Plenary Session of the 18 th CPC Central Committee opened the curtain of the judicial reform in our country in 2014, marking the process of the legal system of our country took a big step forward, the rule of law concept is growing in popularity. To guarantee the Court trial of administrative cases in a fair and timely manner, the settlement of administrative disputes, protection of citizens, legal persons and other organizations of the legitimate rights and interests, supervise the administrative organs to exercise their administrative functions and powers according to law, in the end of 2014, the Standing Committee of the National People's Congress made the decision "on the revision of the Administrative Procedure Law of the People's Republic of China", by the provisions of the administrative organs shall not hinders the court filing, clearly put forward to solve administrative disputes and other laws to avoid the abnormal intervention and inaction of the administrative subject.As an important part of the administrative litigation law, the third party system has a high theoretical significance and a strong value of the judicial practice. Although Chinese and foreign scholars on the conducted a lot of research, 2014 "administrative procedure law" amendment also of the old law made changes, but the third party system of the administrative litigation of regulations of our country still exist deficiencies, such as the provisions of the third party in administrative litigation established standards, the type, the lawsuit to participate in the proceedings, burden of proof and so is still not perfect. The study of the third party system can protect the rights of the third party in administrative litigation, saving judicial resources, improve the contents of the administrative procedure law, provide a useful reference for Trial Implementation of the fair.This article from the basic theory of the concept, characteristics and system value of the third person in administrative litigation, through the analysis of the contents of the third party system of China's current administrative litigation, interpretation the problems of administrative proceedings third party system in our country, combined with changes in the administrative litigation law, reference at countries and regions which has the mature administrative litigation third party system of the relevant laws and regulations, focuses on the third party system in the administrative litigation scope definition, classification standard, litigation status, litigation procedure, burden of proof and so on of the third party system of the administrative litigation comprehensive and systematic research. Based the realism, select the advantages of each theories, make the definition of "Interested relation" to be direct and indirect Interested relation,and should be to develop in depth;analyze the reason and meaning of the administrative organ by third person of status participation lawsuit; divides the administrative proceedings third person for the essential administrative proceedings third person, the ordinary administrative proceedings third person and the administrative organs to participate third person; consider that different types of the third person in administrative litigation should be endowed with different status and litigation rights;the way of the administrative litigation third person to participate in the proceedings should be refined;thought the administrative proceedings third person participates in the lawsuit the time, after must be primitive lawsuit starts, before trials in final the decision to make participates; And the burden of proof of the third person in administrative litigation in accordance with its different type and different position to make a division.