类似被告诉讼地位的第三人诉讼权利义务及其法律责任探析

第三人是行政诉讼制度中一个颇具争议且比较复杂的理论和实践问题。如何对第三人的种类进行科学的划分,进而确定他们各自的权利义务及法律责任,是摆在行政法学界一个亟待解决的难题。本文通过把行政诉讼第三人与原告、被告的权利义务进行比较,以行政诉讼第三人有无行使或参与行使行政权为标准,把行政诉讼第三人分为类似原告诉讼地位的第三人和类似被告诉讼地位的第三人。在此基础上详细探讨了类似被告诉讼地位的第三人的诉讼权利义务及其法律责任。

Analysis of the Legal Liability an the Right and Obligation of Lawsuit to the Third Party Similar to That in Defendant's Lawsuit Status

The third party are both a quite disputed and relatively complicated theoretical and a practical question in administrative litigation system.It's a difficult problem that urgently waiting to be solved for the colleague of law circles of administrative law how to carry on scientific division to the sorts of the third party and then define right?obligation and legal liability of their own.The essay divides the third party in Administration Litigation into the third party similar to that in defendant's lawsuit status and that similar to plaintiff' lawsuit status by means of comparing the right and obligation among the third party in Administration Litigation and plaintiff and defedant,and in the standard of whether the third party in Administration Litigation participate in exercising the executive power or not.Then it has probed into that the legal liability and the right and obligation of lawsuit to the third party similar to that in defendant's lawsuit status.