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Study on the Third Party System of Administrative Litigation in China

Author: ZhuHuaLi
Tutor: ZhouLiMing；SongLuAn
School: Henan University
Course: Procedural Law
Keywords: Administrative proceedings Administrative Litigation third party system Stakes Administrative organ
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 98
Quote: 0
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Abstract


Third party system originated in Roman law, Roman law recognize the interests of others can apply to participate in the proceedings and appeal. Safeguarding its own legitimate rights and interests of the third party system in order to facilitate the proceedings outside stakeholders. Each of proceedings is find out the facts of the case to the correct application of the law and thus the process of ruling, in some cases only the original defendant, the two sides will not completely solve the dispute, the introduction of a third party to the litigation, same action, regardless of whether he is to exercise their rights or obligations, are conducive to the court to investigate the facts of the case, clearly the rights and obligations of the parties to promote a thorough settlement of the dispute. As one of the three lawsuits, administrative proceedings there Litigation third party and the administrative Litigation third party system is an important system in the administrative proceedings. Third party to participate in the proceedings in administrative proceedings to achieve a merger of litigation, to simplify the proceedings, procedural justice; both to protect their legitimate rights and interests, and also to improve the quality and efficiency of the trial; monitor the executive branch while administration according to law conducive to the realization of the rule of administrative law. The theory of the system involved more, has great practical significance, it should be of concern for the Administrative Litigation Law. China's laws and regulations of the system requires a relatively simple, and administrative proceedings third party system in our country is not strong theoretical foundation. This situation makes the theory and the judiciary, the third person of how to identify the subject of considerable controversy. With the gradual deepening of our ① administrative litigation practice, third party administrative proceedings has become increasingly complex, In order to accurately understand and applicable laws and regulations in China set the third person of administrative litigation system, in order to make the theory better serve our country. judicial practice, it is necessary to conduct further studies of this system perfect. In this paper, the combination of the current legislation on the basis of the administrative trial practice and the Supreme People's Court judicial interpretation, Administrative Law and Administrative Procedure Law theoretically try further explore how to improve China's administrative litigation system of third party. Text in addition to the introduction and conclusion, is divided into four parts. Introduction The full text of writing a brief period of this writing pave the way. First a brief description of the significance of setting the third party system of administrative proceedings, followed by a brief introduction to the third party system of the Chinese Administrative Litigation legislative and judicial interpretation of the provisions of these provisions reveal that want to explore in this article and the writing of this article basis. The first part, the overview of the basic concepts, features, and theory of administrative proceedings the third person. First discussed the concept of third party, a clear concept is the premise for a system the administrative proceedings third debate how to define the current scholars that the author's point of view; Secondly, the comparative analysis of Civil Procedure third the similarities and differences of the third party and administrative proceedings, this is the last article clearly set up three of the administrative Litigation third party system legal theory in order to better analyze and understand how to define the third person of the administrative proceedings, laying the groundwork for later; basis, which is the part of the author of the innovative part of the operation of the system should follow three basic principles. The second part of the comparative analysis of the domestic and foreign administrative litigation system of third party. First expounded China and Taiwan the current legislation, the provisions of the third person; followed by analysis of the civil law (Germany and Japan) to a third party system of administrative litigation, legislative requirements and the type of situation; concluded analyze foreign and some of the common features of the legislation by the third party system in Taiwan, in order to provide useful lessons to improve the system of the third person of Chinese Administrative Litigation. The third part, the analysis of the problems of our current administrative litigation system of the third person in the practice run. Discussed the controversy of the the Administrative Litigation third practice more defined standards, by type, and the executive as a third person's qualification of these three issues, draw the loopholes and shortcomings of the system in operation, in order to further improve the administrative litigation system of third party to provide a realistic basis. The fourth part, and improve some of the recommendations put forward countermeasures the Administrative Litigation third party system, is a core part of this article, is the innovative part of this article. The part of the methods and strategies to solve the problem on the basis of the analysis of the three discussed further problem, expect to do something modest means to improve our administrative proceedings the third party system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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