Study Of The Third Party's Legislation In Administrative Litigation

The meaning of the third party in administrative litigation is that the citizens,legal people and other organizations,who have stakes with the concrete administrative actions, can applicate to join in the suits that are carrying on.The courtsare also have the rights to notice them to participate in the suits. The study of the third party's legislation in administrative litigation is very necessary and feasible.Making the third party's legislation in administrative litigation perfect is important for practice. It is conducive to self-regulate the executive administrative acts,in order to establish a limited government. It is also conducive to safeguarding the legitimate rights and interests of citizens. At the same time, administrative cases are brought to trial in a timely manner and correctly. The existing law is very imperfect. The legislative purpose of administrative proceedings is deviation.The value of justice is lost. The legislative principles of Administrative Procedure Law are not beset up,which will bring adverse effects to us.The substantive laws are imperfect.We can't explaine the clearly the third parties'rights and obligations.The programs of the system of the third party in administrative litigation are imperfect.We neglect the procedure values of Administrative Procedure Law. The legislative technology must to be improved fast.The complete legislative system is not formation. By analyzing the questions it can be found a lot of reasons.First,it has historical reasons. The traditional concept of Des Voeux principal punishments and thinkings of legislators affect legislators'concepts. Second,it has legal reasons. The Organic Law unable to adapt to social development.More and more conflicts appear between executive power and judicial power. Third, there are theoretical reasons,as there is no same views in theoretical circles. The author points out that the problems existing in the system of the third party of the administrative litigation have been recognized by the plains of the theory and practice. Through the above-mentioned studies,the author put forward the idea of legislation. First,protecting the legitimate rights and interests of citizens is the first purpose to Administrative Procedure Law.Second,put the the principle of equality, the right to dispose of one's interests ,and the principle of participation into Administrative Procedure Law. Third, we must write the principle of specific provisions into the law. The novel ideas are indicated by changing"the interests linked to the concrete administrative act which is sued to the court"to"the interests linked to the judgement of the court"and the scope expandation of the third party of the administrative litigation which is applicable to the administrative organs. The conceivement is the perfect of the classification of the third party of the administrative litigation. The second conceivement is the scope expandation of the third party of the administrative litigation which is applicable to the administrative organs. The third conceivement is the perfect of the judicial status of the third party of the administrativel itigation. Expansion of administrative proceedings against the third party in administrative litigation is one of the methods . The rules of evidence of the third party must be cleared.We also must to improve the administrative litigation rights of a third person action relief.At last, legislative technologies must be standardized.