The Research On The Third Party In The Administrative Litigation

The third party system is a very important system in the administrative litigation law. It is very significant for clarifying the facts of some cases, ensuring fair judgments, avoiding conflicting judgments, safeguarding the invariability of the law, saving judicatory resources, realizing litigation economy. However, the third party system in the administrative litigation law is a very complex and disputed theoretical issue, and is one of the problems in the judicatory practices. The administrative law circle in our country is lacking an unite and mature view towards some issues such as the concept, classification, status, rights and obligations of the third party in the administrative litigation. Moreover, since the ordination of the administrative litigation law of our country, it has lacked the congenitally deficiency, the main representations of which are the obscure legislation intention, short legislation items and low feasibility. Therefore, it is impending and necessary to comb, review and perfect our traditional system of the third party in the administrative litigation. The author combined the related theoretical achievements of the system of third party in the administrative litigation in German, Japan and Taiwan District of our country, compared and analyzed the problems existing in our system of the third party in administrative litigation, and advanced the ideal reconstruction of the system of third party in the administrative litigation.These are commences with several aspects such as defining scientifically the concept of the system of third party in the administrative litigation in our country, nailing down the classification and standardizing strictly the important documents, procedures and effects which the third party in the administrative litigation needs to attend the litigation. This part strives to combine the practices of our administrative litigations and perfect the system of third party in the administrative litigation in our country on the local basis, thus benefiting the trial practices of administrative litigations.