Research On The Relationship Between Administrative Subject And Defendant In Administrative Litigation

At the beginning of the establishment of China's administrative law,it only copied the concept of administrative law abroad,and did not establish its own unique administrative law system according to the national conditions of the country.The concept of the defendant in administrative litigation is more to cater to the integrity of the administrative law system.In the early 1980 s,the administrative litigation defendant of "who was the subject,who was accused" determined that the principle was still in line with the needs of society.However,with the reform and opening up,the economic development has been accelerating,and the main body of the executive power in the society has emerged.This principle has gradually failed to adapt to a large number of complex administrative cases.When these subjects exercising administrative power infringe upon the rights of citizens,if they are evaded from legal sanctions simply because they cannot be identified as administrative subjects,then this must be contrary to the rule of law theory of "illegal law" in China.Through the above analysis,it is imperative to solve the relationship between the administrative subject and the defendant in the administrative litigation.The clarification of the relationship between the two is also a major breakthrough in the development of China's administrative law.This paper is based on the relationship between the administrative subject and the defendant in the administrative litigation.The first part of the paper introduces the concept of the two,and makes a clear distinction between the two,providing a conceptual basis for the full text analysis of the relationship between the two.The second part of the thesis analyzes the problem of the relationship between the administrative subject and the defendant in the administrative litigation by analyzing the problem of the administrative subject in China as the defendant.This is also an important condition for whether the problem can be solved correctly.In the third part of the thesis,the author analyzes the shortcomings of the current domestic theories and systems,mainly by comparing the differences between the administrative system and the defendants in administrative litigation in the civil law system and the European and American legal systems,and introduces the advanced foreign administrative subjects and administrative litigation.The concept provides a reference for the development of China's future administrative law.The last part of the thesis holds the principle that the administrative subject is separated from the defendant in the administrative litigation and facilitates the litigation,and then puts forward the perfect suggestions for the relationship between the administrative main theory and the defendant in the administrative litigation.Although the author's suggestion is somewhat immature,I still hope to make a contribution to China's relevant legal system.