Research On The "Double Defendant" System In Administrative Litigation

The Administrative Litigation Law revised in 2014 established the rules of "double defendants" system of administrative reconsideration organs in litigation,aiming at promoting reconsideration organs to conscientiously perform their duties and truly exerting the effectiveness of administrative reconsideration.The administrative reconsideration system itself is an important means of self-monitoring by the administrative organs in China,and it should be the main channel to solve the administrative disputes between administrative organs and the counterpart,and realize the relief of right.However,due to the imperfect system itself and the judicial environment,the administrative reconsideration system failed to fully achieve its purpose.Moreover,according to the defendant rule of Administrative Procedure Law passed in 1989,if the reconsideration organ makes a decision to maintain the original administrative act,only the administrative organ that made the original administrative act will become the defendant,and if the reconsideration organ makes a decision to change the original administrative act,the reconsideration organ will become the defendant.Out of the psychology of seeking advantages and avoiding disadvantages,the reconsideration organ will make a maintenance decision with a high probability in the course of its work.As a result,the image of the "maintenance meeting" of the reconsideration organ is highlighted,and the credibility of the reconsideration work is greatly reduced.Accordingly,the role that the administrative reconsideration system should play is restrained and its functions are not fully implemented.In this context,the revised Administrative Litigation Law in 2014,starting from solving the immediate problems,stipulates that the reconsideration organ should be the co-defendant when making the maintenance decision,urging the reconsideration organ to carefully examine the reconsideration case and actively perform its duties.In a short time,this revised content has alleviated the phenomenon of "maintaining the meeting".However,due to the lack of legal support,the supporting legal rules have not been supplemented,and many new problems have arisen,which has not solved the phenomenon of "one dimension" of the administrative reconsideration organ from the source.Therefore,this paper mainly studies the nature,disputes and problems of the "double defendants" system,and puts forward some suggestions for perfection from the legislation.There are four main parts in this paper:The first part:the basic knowledge of the "double defendant" system in administrative litigation.From the legal provisions,this paper expounds the meaning of the "double defendants" system,the legislative purpose,and the determination of the litigation subject,trial object and judgment mode of reconsideration cases.Part two:the theoretical basis of the "Double Defendant" System in Administrative Disputes.This paper discusses the theoretical basis for the construction of the system from the academic disputes about the pros and cons of the system.Part Ⅲ:Problems caused by The "Double Defendant" System in Administrative Disputes in practice.Formally,many problems have been caused in the implementation of the system,both in the administrative reconsideration organ and in the judicial field,which has led to the continuous debate in the academic and theoretical circles.This part comprehensively expounds the problems of the reconsideration organ in responding to the lawsuit,such as the sharp increase in pressure,inaction and litigation.Part IV:Transition and perfection of "double defendants" system in administrative litigation.This paper argues that this system has played a certain role in promoting reconsideration organs to actively perform their duties and give play to the function of reconsideration in the short term,but it cannot really improve the fairness of reconsideration in the long run.Therefore,the system of "double defendants" is characterized as a transitional system,and transitional measures are put forward from the perspective of reconsideration system construction and law revision.