Research On The Protection System Of The Rights Of The Third Party In Administration In China

Administrative organs carry out social management through the implementation of administrative ACTS.Along with the social life of the increasingly complex,the field of administrative behavior exist continuously extend,influence is increasingly wide,every aspect of our lives will appear the figure of administrative behavior,but suffers from the influence of traditional administrative legal relation between binary mode,the administrative organ to form the administrative legal relation between public participation main body of social management limited to implement administrative behavior and administrative organs of the object of the administrative relative person,the administrative third person affected by the administrative act indirectly is not seen as independent administrative legal relation between the main body,does not give their independent legal status and the main body qualifications,has not set up comparatively perfect the third party rights protection mechanism,This causes the legal rights and interests of the third party to be infringed repeatedly in judicial practice,but can not get effective relief.Beginning in July 2004 the implementation of "administrative licensing law of the People's Republic of China" in the third party rights protection has made some provisions,give administrative some rights of a third person to participate in the administrative procedure,the rules on the administration system of the third person in the history of pioneering significance,but in terms of specific provision,appear relatively rough,abstract and operability is poor,still cannot protect the powerful administrative lawful rights of a third person.At the same time,in the administrative legal relationship other than the administrative license,the rights of the third party are infringed.In the face of the above situation,this paper attempts to start from the following parts to discuss the improvement of the administrative third party rights protection system:the first part discusses the practical basis and theoretical basis of the establishment of the third party system;The second part discusses the status quo of the third party in China's judicial practice from the aspects of the protection of the third party's rights and the situation of infringement.The third part mainly discusses the third party right protection system outside the country and the enlightenment to our country;The fourth part synthesizes the foregoing elaboration,proposes theconsummation our country administration third party system suggestion and the countermeasure.Finally,this article attempts through the efforts the administrative third person can participate in the meeting with independent administrative legal relationship,at the same time by building and perfecting the administrative system of third party rights protection,make the administrative third person right at the system level to get powerful protection,also hope that in practice the administrative rights infringement by a third person situation can dwindling,finally realizes the effect of promoting the progress of our country administrative law.