论行政复议被申请人作为行政诉讼第三人

在复议改变之诉中,作为复议被申请人的原具体行政行为作出机关应当作为行政诉讼第三人参加诉讼,因为当下制度设计已为复议被申请人作为第三人留有空间,符合我国行政诉讼制度目的与价值取向,可为行政权限争议解决提供新路径,行政隶属关系并不排斥复议被申请人的诉讼第三人身份,符合“有利益就有参与”的基本法则,复议被申请人与复议改变之间有利害关系.利用制度空间和既成之诉“一并审查”、“附带解决”相关问题已成诉讼经济原则的基本要求和各国诉讼制度实践的普遍做法,我国应逐步确认和拓展法院在行政权限争议诉讼调处中的能动作用.

Study on Reconsideration Respondent as the Third Party in Administrative Proceedings

In the litigation of reconsideration change, as the former specific administrative acts made authority of reconsideration respondent, it should be as the third party in administrative proceedings to participate. There are six reasons as followed. The current system has been designed for the reconsideration respondent as a third party. It is suits the administrative litigation system of china in goals and values. It could help to provide the new approaches for the administrative jurisdiction disputes settlement. The relationship of administrative subordinating does not ex- clude the reconsideration respondent as the third party in administrative proceedings. It is In accordance with the principle as ＂there is interest in＂. There is interest relationship between the reconsideration respondent and recon- sideration change. Making full use of the institution space and attached issues have became the common principles during the practice for referendum litigation institution. The system in China should also confirm it step by step, and do the best to play a dynamic role in administrative jurisdiction disputes.