Research On The Determination Of The Third Party In Administrative Litigation

The third party is an important part of the participation parties in the administrative litigation,and the third party's identification is a serious issue that concerns the program fairness and substantive fairness of the administrative litigation,and is an issue that cannot be avoided in the judicial practice and academic research.The legal basis to determine the third party in the current administrative lawsuit is inflexible and general,the standards in judicial practice are not unified,the academic viewpoints are diverse,and the complicated situation of economic and social development,which causes many problem in the identification of the third party,like the emergence of adding third party arbitrarily or third party omission.In order to clarify the legal and judicial interpretation regulation of establishing the third party in administrative litigation,this article collate the knowledge of the institutional framework and practise of identifying the third party and illustrate the relative theories,including the clarification of the connotation and extension of the concept of "interest relationship" in the identification of third parties,and the theoretical analysis of the two identification standards stipulated in the Administrative Procedure Law of the People's Republic of China,which proposes the best practise of identifying the third person,including the establishment of the scientific legislation & judicial practice concepts and a reasonable third party identification mindset,sort out the reference case of third party identification,and improve the facilitate regulations,like that to allow the third party to participate in the lawsuit.In order to better carry out research on related issues,this paper selected several cases before the first court of Guangzhou Railway Transport after centralizing the administrative cases,and several cases before the implementation of centralizing jurisdiction reform in Guangzhou as analysis materials.This artical consolidates some types of problems in practice and the corresponding principles and methods,hoping to promote the research process of the third party identification problem.