The Research On The Identification Of The "Result-oriented Third Party" In The Administrative Litigation

The key to the relief of the legitimate rights and interests of the third party in administrative litigation lies in the system design supplemented by the qualification of the third party subject."Interest in the result of case handling" is a new third party identification standard for the Administrative Litigation Law.The introduction of the "result-oriented third party" has expanded the scope of the subjects of administrative litigation,and it is undeniable that it also complicates the definition of the scope of the third party in administrative litigation.After the law was revised,the concept of the legal relationship involved by the third party is not clear;when searching the practical cases,the practice rules for determining the qualification of the third party of the interested parties are also unclear.In-depth cognition of the result-oriented third parties is indispensable for the search for effective application rules of third-party qualification review,which will not only help to meet the practical needs of practical issues,but also promote the development of the theory of administrative litigants.Based on the review of the "interest standard",the relationship between the interest in the "result of case handling" and the interest in the "sued administrative act" should be discerned.As far as the purpose of setting up the third party system is concerned,it should be consistent with the purpose of administrative litigation.The administrative litigation process is centered on the review of the legality of administrative acts,and the third party system should also serve this purpose on which thereby the confirmation of the qualification of the third party who participates in administrative litigation depends.Taking "a certain correlation factor with the sued administrative act" as the judgment criterion,the determination of the result-oriented third party has its limits,which is mainly on the basis of the consideration of the effects of the litigation result on its legitimate rights and interests and whether it is beneficial for the legality review of the sued administrative action.Furthermore,based on the applicable conditions of the instances involving third parties in administrative litigation,the application space of the result-oriented third party system may be explored by the typification of typical cases.Meanwhile it may provide an idea for the determination of third parties in judicial practice.This article analyzes and discusses the identification and application of the result-oriented third parties from the following four aspects.The first chapter is the disputes about the identification standard of the third party in administrative litigation in China,and the introduction of the third party qualification standard based on the litigation result.It summarizes the provisions of laws and related judicial interpretations on the third-person qualification standard,and analyzes the different interpretations of the legal "interest standard" in the theoretical community.Then the discussion about the purpose and functional value of the system takes the purpose as the starting point,the judgment of the subject qualification of the parties in administrative proceedings is guided by the purpose of administrative litigation.Just as the interactive relationship between the two exists,the application scope of the result-oriented third party system is restricted by the purpose set by the system.Taking the relationship with the case result as the applicable condition,it is necessary to seek a legal and appropriate path for the review of the third party qualification.The second chapter is a survey of the status quo of the "result-oriented third party" in judicial practice.Retrieving cases in the database of referee documents,it makes a general analysis of the status quo identified by two types of third parties.When the interest in the sense of the litigation result is used as the legal basis for the identification of the third party in the actual case trial,it is pointed out that there are some specific defects,such as the existence of inconsistent determination standards,the uncertainty of the scope of the subject,and the different illegal evaluation for the participation omission of the result-oriented third parties.Then this chapter reviews the logical problems of the determination and application scope of the result-oriented third party.The third chapter is the interpretation of the core point view of the article,constructing the theoretical basis of the qualification confirmation of the third party based on the litigation result of the case as the connecting element of the interest standard,and proposing the judgment principle that can determine the "result-oriented third party".Firstly,comparing the third party without independent claims in Civil Procedure and drawing on the comparative law experience of relevant legislation in other regions,it is concluded that the law stipulations concerning the result-oriented third party have its basis,but it needs to be adjusted accordingly in the overall framework of Chinese administrative litigation.Secondly,the relationship between the two connecting elements of the "result of case handling" and the "sued administrative act" is discerned.The impact of the case hearing on the rights and interests of the interested parties is the key to defining the result-oriented third party.Finally,on the basis of the previous two sections,"a correlation factor with the sued administrative act" is taken as the judgment principle of the result-oriented third party.The application of result-oriented third parties is supplemented by practical cases,which negates the qualification of a stakeholder,who is not related to the basic facts on which the administrative act was based,as the third party in administrative litigation.The fourth chapter is the typification application of the cases involving the "result-oriented third party".Firstly,combined with the cases which are involving the stakeholders in the administrative litigation,it introduces the discussion of the type of cases,analyzing the possible application situations of the interest standard for the determination of the third party in the sense of the litigation result.Typical cases include those involved in civil contract related parties,administrative agreement cases,and administrative compensation(litigation)cases,where it is to determine the qualification of the result-oriented third party.Secondly,in view of the problems existing in the result-oriented third parties’ participation in the litigation proceedings,a method for guaranteeing the litigation rights of the result-oriented third party is proposed.