How to define the third party in administrative litigation

The third party in administrative litigation is a common problem in administrative trial practice. How to determine the third party in administrative litigation is one of the most controversial issues in administrative trial practice, and it is also one of the difficulties that plague administrative trial work. This paper puts forward some views on the third party system in administrative trial in order to attract more attention and achieve the purpose of perfecting the third party system in administrative litigation. The trial practice shows that only by mastering the basic theoretical issues about the third party can we correctly identify the third party, thus ensuring that the people's court can correctly and timely hear administrative cases, protect the legitimate rights and interests of the third party, and realize the legislative purpose of the administrative procedure law. I. Characteristics of the Third Party in Administrative Litigation According to the provisions of Article 27 of the Administrative Litigation Law, the so-called third party in administrative litigation refers to other citizens, legal persons or other organizations who have an interest in the specific administrative act against which an administrative lawsuit is filed and notify them to participate in the lawsuit through application or court. The third party in administrative litigation has the following characteristics: (1) The third party in administrative litigation is the third party in administrative litigation who has an interest in the specific administrative act, the object of litigation in this case. The original meaning is a third person except the plaintiff and the defendant. When he participates in the lawsuit of the plaintiff and the defendant, he must be closely related to this lawsuit. This connection is that he has an interest in the specific administrative act being sued. That is to say, there is a legal relationship between the third party and the specific administrative act being sued, and the rights and obligations of the third party have been adjusted or involved objectively, so the legal existence and change of the specific administrative act directly determines the changes of the rights and obligations of the third party adjusted or involved by the administrative act. The specific administrative act of bringing an administrative lawsuit must directly affect the specific rights and interests of citizens, legal persons or other organizations in order to be regarded as an "interest relationship" in the sense of administrative litigation. The "interest relationship" in the sense of administrative litigation should come from the administrative legal relationship, that is, the legal relationship between citizens, legal persons or other organizations and the state administrative organs that have made specific administrative acts. This legal relationship includes both the administrative legal relationship between the third party and the defendant, the administrative legal relationship between the third party and the plaintiff, and the civil legal relationship between the third party and the plaintiff. The purpose of the third party's participation in litigation is not only the need to safeguard the legitimate rights and interests of the third party, but also the consideration of comprehensively identifying the facts of the case and comprehensively and correctly solving disputes. Therefore, the fundamental feature of the third party is that it has an interest in the specific administrative act being sued, or has an interest in the litigation result of this case, that is, it has a direct or indirect interest in the specific administrative act, which is also the basis for the third party to participate in the litigation. The interest relationship between the third party in administrative litigation and the specific administrative act of the defendant can be divided into the following three types: L. In the administrative legal relationship formed by the specific administrative act of the defendant with more than two parties as the target, the rights and obligations relationship formed by the parties other than the plaintiff and the administrative organ that made the specific administrative act of the defendant; 2. The specific administrative act of the defendant affects the specific civil legal relationship between the plaintiff and others; 3. The specific administrative act of the defendant involves the specific administrative legal relationship between the plaintiff and other administrative organs. (2) The third party in administrative litigation must be a citizen, legal person or other organization who participates in other people's litigation. The third person in administrative litigation is not the plaintiff, but not the plaintiff. Therefore, the lawsuit he participated in can only be a lawsuit between other subjects, which is this lawsuit. Then in this case, he joined the lawsuit before the final judgment was made, and he has the right to apply for participation at this stage. If another person considers it necessary to participate in the proceedings after initiating the proceedings, the third party may apply or be notified by the court to participate in the proceedings. This time difference in participation in litigation is an important difference between the third party and the plaintiff. The procedure of first instance and the procedure of second instance are only two stages of the same complete litigation procedure. As long as the judgment of the first instance does not take effect, the third party may apply to participate in the proceedings of the second instance at any time. If the third party does not participate in the proceedings of first instance, and the third party requests to participate in the proceedings of second instance, the people's court shall allow it, because the proceedings of second instance have started and the trial of the whole case has not yet ended. This will help the people's court of second instance to find out the facts of the case, make an objective and correct evaluation of the judgment of first instance, and avoid making a wrong judgment at the expense of the interests of the third party. (3) The third party in administrative litigation has an independent litigation status in law. The third party is different from the plaintiff or the defendant. He participated in the lawsuit not to protect the rights and interests of the plaintiff or the defendant, but to protect his independent legal rights and interests. The third person is not necessarily attached to the plaintiff or the defendant, and he has an independent litigation status, even though his claim may be consistent or partially consistent with the plaintiff or the defendant. However, in order to protect their legitimate rights and interests, the third party is not attached to the plaintiff or the defendant, and can make their own requests, make speeches and debates, and have the right to appeal against the judgment of the first instance. The third party can fully state their opinions, provide evidence and participate in the debate, so as to safeguard their opinions, which is beneficial for the court to listen to the opinions of all parties, comprehensively review the legality of specific administrative acts, and achieve the purpose of reducing litigation costs and hearing administrative cases correctly and in time. II. Types of the Third Party in Administrative Litigation The third party in administrative litigation can generally be divided into plaintiff-type third party, defendant-type third party and witness-type third party. The so-called plaintiff-type third party refers to a third party who brings an administrative lawsuit by others within the statutory time limit, rather than being participated by citizens who have the right to sue. The so-called defendant-type third party refers to the administrative organ that should have participated in the litigation as a defendant, but was informed by the court to participate in the litigation as a third party because the plaintiff did not sue. The so-called witness third person refers to the third person whose main role is to assist the court to find out the facts of the case during the trial. From the "Administrative Procedure Law", "the Supreme People's Court on the implementation of