| The joint defendant system between the administrative reconsideration organ and the original administrative organ is an important content of the revision of China’s 2015 Administrative Procedure Law of the People’s Republic of China(hereinafter referred to as the "Administrative Procedure Law"),and it has become a lawsuit with Chinese characteristics in the field of administrative litigation in China.Compared with related systems in Taiwan and abroad,one of the systems is more prominent in its uniqueness.Judging from the operation of judicial practice,the system has achieved certain results at present,but the system has brought about many theoretical and judicial practice problems,such as the departure from the principle of ignorance,the violation of dossier principles,and the increase of administrative The burden of review agencies and excessive waste of judicial resources.Whether the administrative reconsideration agency can be the main body of the defendant in administrative litigation has already affected the issue of the abolition of the system,and even affected the nature of the administrative reconsideration and the transformation of the function of the administrative reconsideration.At present,the administrative reconsideration organ and the original administrative organ as the common defendant system only "integrate" the subject of the lawsuit,but do not truly "integrate" the administrative reconsideration decision and the original administrative action,failing to reflect the functions of other common litigation types.In the lawsuit,the administrative reconsideration decision and the original administrative act are still accepted,heard and judged separately.At the same time,if there is an administrative reconsideration decision of inaction,the situation is more complicated.In order to enable the administrative review organs to perform their duties of administrative review,but also to avoid problems caused by practice and jurisprudence,it is necessary to pay attention to the relationship between the administrative reconsideration decision and the original administrative act,that is,the administrative reconsideration decision(act)can cover the original administrative act At the same time,both the administrative reconsideration decision and the original administrativeact are actionable administrative actions,which can form the "integrated" administrative reconsideration decision as the object of administrative litigation review,that is,the administrative reconsideration decision absorbs the original administrative act,which not only can clarify external administration The subject of responsibility,but also eliminates the obstacles for the administrative counterpart to identify the subject of the lawsuit.Even if only the administrative reconsideration agency is used as the defendant,other litigation forces have been created around the system to alleviate the pressure of responding to complaints and the dissatisfaction with complaints.In the case where the administrative reconsideration decision completely maintains the original administrative act,the administrative reconsideration agency may assign the staff of the original administrative organ to appear in court to respond.In addition,the administrative reconsideration decision of inaction is based on the original administrative organ as the defendant,and the administrative reconsideration decision of incidental review is also attached.Establish an internal liability mechanism after the fact,link it with the commitment of external supervision,let the administrative reconsideration play its role,and promote administrative administration according to law,and then become the main channel for resolving administrative disputes in China. |
