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On the protection of third party interests in administrative proceedings

Author: LvLiHua
Tutor: WuPing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: The third person of the administrative proceedings Protection Litigation rights Participants in Proceedings
CLC: D925.3
Type: Master's thesis
Year: 2006
Downloads: 208
Quote: 1
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Abstract


The administrative Litigation third party system is a basic problem frequently encountered in the judicial practice , a long time theorists and practitioners there has been a lot of controversy . However, because its theory is very complex , and they involve theoretical point also quite numerous , combined with great practical significance , it has been the focus of the Administrative Litigation Law . Due to the late start of the Chinese Administrative Litigation third party system , the development has been relatively slow. Many of the provisions of the third person is relatively thin and strong principled lack of maneuverability , and thus prone to understand the controversy and differences in the application . Reach consensus on many of the deep-seated problems in theoretical circles . Therefore , our third party system of administrative litigation is not only difficult , compared with foreign advanced theory , even compared to the level of research and China 's Civil Procedure Law of reach in the third person also has a considerable gap. Especially with the new administrative litigation practice further , and gradually showing its simple rules , fuzzy standard , ignoring the rights of a third party , there are loopholes in the law and other issues in need of reform . Moreover, in practice , the case of the third person complex and diverse , third party system naturally in the theory and practice will encounter a lot of problems , so that the protection of the interests of the third party in the process of administrative proceedings become more complex . Especially the protection of third party interests in administrative proceedings , the theorists and the formation of a more complete and operational stronger theoretical system . In order to more accurately understand and apply the provisions of the Administrative Procedure Law, the third person , the more accurate the applicable law , to better reflect the the three legitimate rights and interests of the protection of the spirit of the legislation . Proceed from the purpose of the establishment of administrative litigation system of third party , combined with the concept of the third party to the proceedings , classification , status , rights and obligations and judicial practice in administrative trial practice as a starting point , the use of comparative analysis method , mainly from the analysis of litigation third party system

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