On The Interested Parties In The Administrative Reconsideration

According to the provisions of the administrative reconsideration law of China,the applicant for administrative reconsideration is the administrative counterpart,the interested party who has an interest in the specific administrative act can only take part in the administrative reconsideration as the third party.In the formulation of the implementing regulations of administrative law,the term "interest" was added to the admissibility of the application for administrative reconsideration,this indicates that there is an interest in the specific administrative act of the dispute and is an important condition for the qualification of the reconsideration applicant,however,how to identify the qualification of reconsideration applicants with interest and interested party is not specified in the regulations for the implementation of administrative reconsideration law.The academic circles have also made some discussion,but has been controversial,unable to agree on which is right.The gap in the research of legislation and theory leads to the confusion of operation in practice,in determining whether the applicant has a interest or not,the reconsideration organs often have a disarray,at the same time,for various reasons,the reconsideration organs tend to make conservative explanations and identification for interest relations,which leads to a large number of interested party in administrative disputes who can not solve their disputes through administrative reconsideration system,this is extremely unfavorable to the protection of the rights and interests of the citizens and the solution of the administrative disputes.To solve this problem,it is necessary to make rational identification of the interests and the interested parties.The interest relationship should have two elements,namely rights and causes,based on these two elements,we should divide the interested parties into two types: the legal interest and the real interest,the necessity of defining the interests of the interested parties in the development of the administrative reconsideration system and the inadequacies of the relevant provisions in the current reconsideration system on the relevant provisions of the interested parties in the current reconsideration system,the two categories of interested parties are given different rights and status in the administrative reconsideration system,so as to better protect the interests of interested parties,strengthening the administrative reconsideration system to resolve administrative disputes,and incorporate more administrative disputes into the administrative reconsideration process.