Taken Administrative Procedur Law Articcle 34(2) As Perspective

The Third Party System in administrative litigation,enacted in Administrative Procedure Law Article 34(2),aims to research the right of the third party to furnish additional evidence to proof the legitimacy of indicted administrative act,when the defendant fails to perform the testimony responsibility.This system meets the need of defendant to provide proof to some extend under the current Administrative Procedure Regulations.It also safeguards the rights and interests of the third party who possesses analogous interests with the defendant,which further complete criminal evidence system of administrative procedure.However,because the system is oversimple and there is no relevant supporting legal system and conceptual environment,it neglects a practical problem that the third party may unscrupulously supplement evidences after the incident,when they have convergence of interest with the defendant.This problem aggravates the flaws when the Third Party System is applied in practice,betraying the original intention of legislators and restricting the development of evidence system of administrative procedure.This thesis analyzes three flaw conditions for the defendant to provide evidences in order to make clear situations of application,to divide the types of the third party,to distinguish the Third Party System with other concerning systems,to clarify the relationship between execution of proof right and circumvention of the testimony responsibility for the defendant.This thesis also provides the theory research and system design for the Third Party System and relevant supporting legal system,aiming to offer references and guidance for judicial adjudication.This thesis is composed of four parts.The first part is an introduction of the Third Party System in administrative litigation,mainly introducing the overview,legislation evolution,system value and research significance of this system.The second part points flaws of this system,analyzing the problems existing in legislative stipulation and judicial practice.The third part provides suggestions for the Third Party System in administrative litigation,based on the existing flaws and basic theory of Administration Law and Administrative Procedure Law.There are three suggestions.Firstly,it is necessary to normalize the judicial discretion;secondly,the deficiency of rules in administrative lawsuit evidence can be remedied according to rules of administrative evidence;thirdly,the testimony responsibility of the defendant in the lawsuits that needs the third party to provide evidences should be properly applied.The last part is about the reconstruction of this system.It reconstructs the Third Party System in administrative litigation from five aspects including evidence supplement,proof,evidence obtainment,authentication and governance testimony responsibility of the defendant.From this new perspective,this thesis aims to make some contributions for the reconstruction of the Third Party System in administrative litigation.