行政诉讼第三人研究

我国行政诉讼法对行政诉讼第三人只作出了原则性的规定,最高人民法院有关第三人的司法解释,也略嫌笼统,缺乏可操作性。其主要原因在于,学术界尚未对行政诉讼第三人某些深层次的理论问题达成共识。因此,对行政诉讼法所称“利害关系”进行科学定位,并回答目前实务界面临的一些难题,乃当务之急。如行政诉讼第三人有何特征,如何分类,行政主体是否可以作为第三人,第三人在诉讼中拥有何种法律地位,享有何种诉讼权利,承担何种诉讼义务等问题,有待进一步探讨。文章运用实证分析和理论分析相结合的方法,在对行政诉讼第三人进行科学分类的基础上,对上述问题进行了回答。

A Study of Third Parties in Administrative Litigation

There are some general stipulations about the third parties in Chinese Procedural Law, and the People's Supreme Court has issued its judicial interpretation on it. but all these are too generalized and lack of the flexibility. The main reason is that scholars in academic circles haven't reached an agreement on the theoretical problem of third parties in administrative litigation. Therefore, it is quite necessary to scientifically locate " benefit " and answer some difficult but practical problems. There's a need to further discuss such questions as the classification, characteristics, right and duty, legal statues of a third party In the litigation and if administrative organs can be a third party. This article has answered such questions by practical proof and theoretical analysis on the basis of scientific classification.