On The Innovation Of The Identification Of The Defendant In Administrative Litigation After The Reform Of The Joint Office Of The Party And Government

The joint office has always existed in China’s political life and administrative activities,and is an important way to optimize party-government relations,integrate and optimize forces and resources,and exert comprehensive benefits.This not only allows the party to participate more fully and deeply in the governance of the country,to unify leadership,to comprehensively enhance the party’s ability to govern and improve the management of the country.It also promotes the party’s working organs from behind the scenes to the front,directly participating in administrative activities.Of course,it also complicates the confirmation of the defendant in administrative litigation when administrative disputes arise in the reformed party and government organs.When the party is working organs illegally exercise state administrative power and infringe upon the legal rights and interests of the relative,will it be able to act as a defendant in administrative litigation and bear the corresponding administrative legal consequences? This will be urgently needed to be resolved by administrative law after institutional reform.And it is very necessary to determine the accused in the administrative litigation.At present,the administrative subject theory of "litigation subject mode" is still used in our country.Although it has been controversial for a long time in the academia,several amendments to the administrative procedure law have not changed the identification of the defendant in administrative litigation in our country.This time,the party government joint office has a great impact on the theory of administrative subject.First of all,the party’s working organs cannot be the defendants of administrative litigation,but after the institutional reform,the party’s working organs will more or less exercise the state’s public functions and powers.When they have illegal acts,they don’t have to bear administrative responsibility which is undertaken by the registered administrative organs,making the problem of separation of power and responsibility.Secondly,it affects the responsibility system of administrative organs in our country because the joint office of the party and government has integrated in personnel and formation.In fact,they are the same people.It needs us to solve whether to continue to implement the system of head responsibility of the administrative department or the collective responsibility of the party’s working organs.Moreover,the party’s laws and regulations will have a more direct impact on the administrative acts of administrative organs.All these points to the problems of confirmation of administrative subject theory and defendant in administrative litigation.However,in practice,the form of the joint office of the party and the government is complex.There is no unified standard,and the confirmation of the defendant in administrative litigation becomes more complicated,which needs classified discussion.The organization reform of the joint office of the party and the government provides the possibility for the promotion of the confirmation system of administrative litigation defendants in China.Nowadays,public administration concept gradually replaces the concept of State Administration.the party’s working organs are included in the category of administrative litigation defendants,which can not only promote the clarification of the relationship between administrative subjects and administrative litigation defendants,promote the recognition standard of "who acts,who acts as the defendant",and innovate the present theory of administrative subject,but also clarify the administrative legal responsibility of the party’s working organs,achieve integration of power and responsibility,and perfect legal construction in China.