Research On The Third Party In Administrative Litigation

The third party system was initially applied in the field of civil procedure law.It was not until 1990 that China finally established the third party of administrative litigation.It is not only of great theoretical significance but also of great practical value to study the third party system of administration.In the administrative litigation,the third party should be involved to construct and improve the administrative litigation system,which is beneficial to the simplification of litigation procedure,the reduction of litigation cost and the improvement of judicial efficiency.It is also conducive to the fair and impartial judicial judgment and the establishment of judicial majesty.More importantly,it is conducive to the supervision of the administrative subject,to promote its administration according to law,to effectively safeguard the legitimate rights and interests of the stakeholders,and to build a harmonious society.In the face of the increasingly complex administrative legal relationship,the increasing number of administrative litigation,in response to the needs of judicial practice,legislation on the third party system to make further detailed provisions become inevitable.In 2015 issued and implemented the "new" law of the People's Republic of China,to improve the system of the third person,but there are still many blank legislation,difficult to solve a lot of legal problems in the judicial practice,the latest judicial interpretation of the also have no attention to the problems of the third person,so it is necessary to perfect the third party in administrative litigation system.This paper consists of five parts.The first part begins with the concept of the third party in administrative litigation and characteristics,the theoretical basis and basic elements such as the comparison of related concepts,Preliminary exploration of specific criteria defining third party qualifications,to provide theoretical support for the rest of the discussion.The second part aims to introduce the third party system in the outside world,to summary successful experiences of foreign countries.It provides reference for the improvement of the third party litigation in China,in conjunction with the new administrative procedure law of our country,to analyze the progress of the old law,and provide the relevant data and the typical case analysis.The fourth part summarizes the deficiencies of the third party system in the new law,such as the fuzzy definition of interests,third party classification,the provisions on litigation procedure and burden of proof are not specific.The fifth part is about the way to improve the third party system,this part will aim at the above questions from the third party qualification,classification of types,establishment of authority and status and participation in the proceedings,the burden of proof and other aspects of the rationalization of the improvement recommendations,let us make that third party to administrative litigation be a system with independent litigation value and function.