Research On The Protection Of The Rights And Interests Of The Third Party Under Administrative Compulsion

The third party of administrative compulsion is usually a citizen,legal person or other organization who is invited or entrusted by an administrative organ and can participate in the process of administrative compulsion,and has an interest in the act of administrative compulsion,but does not belong to the administrative counterpart.According to the existing administrative law,the administrative subject implements administrative coercive actions against the administrative counterpart in order to maintain legal order and protect public interests.The interests of the third party will be realized because the public interest is protected.This is reflexive interest.Generally speaking,the interests of the third party can be indirectly realized through the protection of the public interest by the administrative behavior.However,public interest does not fully cover private interests,which often leads to the private interests of the third party cannot be realized through reflected interests,resulting in some negative consequences.Under the influence of traditional thought,the traditional academic community only focuses on whether third parties can enjoy the right to sue,whether they can defend themselves,and whether they can win the lawsuit.When the property rights and personal rights of the third party are infringed,their private interests cannot be covered by the public interest,and thus cannot be protected.As a result,the third party whose rights and interests are infringed cannot claim their rights.For this reason,the academic and practical circles have introduced subjective public rights,protection norms and other theories to solve the problem of insufficient protection of third party rights from the perspective of rights.Therefore,we should clarify the subjective public rights of the third party.From the perspective of rights,address the issue of insufficient protection of the interests of third parties under administrative coercion in legislative,administrative,and judicial aspects.Because subjective public interest itself includes serving both public interest and private interest.At the same time,in order to avoid the rights of the third party being too broad,it is also necessary to establish subjective public rights on the basis of objective legal norms,use the new protection norm theory to explain the objective law,and specify the rights of the third party such as substantive claim,public remedy request,statement and defense,notice or hearing.