涉自贸区行政诉讼被告资格探析

涉自贸区行政诉讼被告资格制度是上海自贸区司法制度中的重要组成部分。涉自贸区行政诉讼被告具有复杂性、多样性和创新性三个特征。传统意义上将行政主体资格与行政诉讼被告相等同的范式在当下受到了越来越多的挑战,同样体现在涉自贸区行政诉讼中。建设上海自贸区本身是在全面深化改革的时代背景下的制度创新,为此必须对涉自贸区行政诉讼被告资格制度进行大胆改革。笔者认为涉自贸区行政诉讼被告资格的认定应当在坚持司法便民、司法效率和救济有效三个原则的前提下,有选择的借鉴国外的先进经验,综合运用行为标准、权力标准以及公务标准等多重标准,在各种具体情形下分别准确认定。

Analysis of the Defendant Qualification of Administrative Litigation Involving the FTA

Defendant qualification of administrative litigation system in China is an important part of the judicial system in Shanghai area. The defendant of administrative litigation involving the FTA with the complexity, diversity and innovation of the three characteristics. Traditionally the qualification of administrative subject and administrative lawsuit defendant equal paradigm has received more and more challenges in the present, also reflected in the FTA in administrative litigation. The construction of the Shanghai FTA itself is a system innovation in comprehensive reform under the background of the times, this must be a bold reform of the defendant qualification of administrative litigation system in china. I think that the defendant qualification of administrative litigation involving the FTA should insist on justice, judicial efficiency and effective relief three principles, have the option of using foreign advanced experience for reference, the integrated use of behavior standards,criteria of power and official standard multiple standards, in various circumstances are recognized accurately.