An Analysis Of The Criteria For The Determination Of The Third Party In Administrative Proceedings

As one of the participants in the administrative litigation,the third party in the administrative litigation is not as good as the plaintiff and the defendant in terms of litigation qualification and status,nor is it obvious in comparison with the interests between the defendant and the administrative act,but it is almost impossible to avoid the issue of procedural and substantive justice in the administrative litigation,whether in academia or in practice..The two standards stipulated in the Administrative Procedure Law,which are "interested in the defendant's administrative act but not litigation" and "interested in the outcome of the case",have become the latest basis for identifying the third party in the administrative litigation.However,the two standards are compared in terms of expression.Generality and ambiguity,and there is no uniform applicable rule in practice,therefore,the study of this issue is very important.The article includes four parts: The first part chooses the typical cases in judicial practice as the starting point,and puts forward two questions: the qualification standard of the third party in administrative litigation is not clear and the protection of rights and interests is not comprehensive.On this basis,the value of the standard of the third party in administrative litigation is discussed.The second part combs the current legal provisions and judicial interpretations of the Administrative Procedure Law on the two kinds of criteria for determining the third party in administrative litigation.On this basis,it specifically introduces the contents of the two kinds of criteria of "behavioral interest" and "consequential interest",and further evaluates the theoretical and practical issues involved in the criteria for determining the third party.The third part,combining with case analysis,discusses the problems existing in the theory and application of the criteria for determining the third party,including the logical contradiction between the law and judicial interpretation under the current criteria,the progressive relationship or the substitution relationship between the existing criteria is not clear,the type of the third party in administrative litigation is not divided by the connection point of the interests,and the ambiguous meaning of the interests leads to the identification.The standard is strict and wide,the presumption in advance is contrary to the result of the trial,and the standard is not uniform,which results in the prominent phenomenon of different judgments in the same case in practice.In the fourth part,starting from both theory and practice,the author puts forward the way to improve the standard of the third party in administrative litigation.In view of the theoretical research loopholes and practical dilemmas,the article reviews and draws lessons from the relevant theories of the third party in administrative litigation abroad,redefines the standard of the third party in administrative litigation in China,and divides the third person type of administrative litigation based on the relationship of interests.In the process of writing,through selecting typical cases as the analysis material,clarifying the connotation and extension of interest relationship,perfecting the third party's litigation rules,combing the guiding cases of the third party's determination standard,in order to promote the perfection and implementation of the third party's determination standard in administrative litigation.