The Plaintiff Qualification Of The Third Party In Administrative Agreement

After the administrative agreement is included in the scope of administrative litigation,the number of administrative agreement cases in judicial practice continues to increase,but most of the research on administrative agreements is based on the judgment,review,scope and type of administrative agreement,administrative subject and the protection of the rights and interests of administrative counterparts,the judicial review of administrative agreements and the choice of judicial relief paths after the emergence of administrative agreement disputes,etc.,with little focus on third parties related to administrative agreements.In judicial practice,due to inconsistent views on the qualification of the plaintiff of the third party to the administrative agreement,therefore,when the third party of the administrative agreement seeks judicial relief from the court,the third party is disqualified because it does not have the qualification of plaintiff.From the reason,this study starts with the related theory of the third party of administrative agreement,analyzes the characteristics of the third party,and takes five typical third party of administrative agreement as an example,specifically analyzes the legal relationship involved in these typical administrative agreements and the qualification identificatio n of the third party’s plaintiff,and finally divides them according to the different clai ms put forward by the third party of administrative agreement,with the dominant po wer and the dominant power in civil law The right of claim specifically analyzes the d ifferent claims of the third party,and puts forward different path choices in the actio n of cancellation,the action of payment and the action of confirmation.In real life,the number of administrative litigation cases is increasing,and the new administrativ e agreement cases put forward new requirements for the judicial organs.Only by defi ning the plaintiff qualification standards of the third party of administrative agreemen t can we respond to the actual needs of the plaintiff qualification in the new administr ative agreement cases.