(1) The third party in administrative litigation has an interest in the specific administrative act that is the object of litigation in dispute in this case.
The third party in administrative litigation originally refers to the third party except the plaintiff and the defendant. He must be closely related to the case when he participates in the litigation of the plaintiff and the defendant. 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 being sued can be divided into the following three types:
L, in the specific administrative act of the defendant to two or more parties as the object of the administrative legal relationship, the rights and obligations of 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 party in administrative litigation is not impossible to be a plaintiff, but does not sue as a 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 took part in the lawsuit, not to safeguard the rights and interests of the plaintiff or defendant, but to safeguard his independent legal rights and interests. The third party is not necessarily attached to the plaintiff or defendant, and has an independent litigation status. Even if its litigation claims may be consistent or partially consistent with the plaintiff or defendant, the third party will not be attached to the plaintiff or defendant in order to protect its legitimate rights and interests. Yes 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.
Two. 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
(1) In a case of administrative punishment, the punished person or the infringed person may participate in the proceedings as a third person.
In administrative punishment cases, especially public security punishment cases, there are not only those who are punished, but also those who are infringed. If the punished person refuses to accept the punishment and files a lawsuit as a plaintiff, the infringed party may participate in the lawsuit as a third party; If the infringed refuses to accept the punishment and brings an administrative lawsuit to the court as a plaintiff, the punished person may also participate in the lawsuit in the name of a third person. For example, Article 102 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that if the punished person refuses to accept the decision on public security administration punishment, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. According to the above provisions, both the punished person and the infringed person can file a lawsuit as the plaintiff or participate in the lawsuit as a third person. In public security administrative cases, the content of administrative punishment is closely related to the rights and interests of the infringed and the punished. If the infringed party thinks that the administrative punishment is obviously unfair, and the prosecution demands to increase the punishment of the punished person, the punished person can participate in the lawsuit as a third person, because his rights and interests will be affected, so there is an administrative legal relationship between the punished person and the public security organ; If the punished person files a lawsuit and demands that his punishment be revoked or mitigated, the infringed person may also apply or be notified by the people's court to participate in the lawsuit as a third person, so that there is no administrative legal relationship between the infringed person and the defendant's public security organ, but there is a legal relationship with the punished person's behavior of being punished by public security management, and he should also participate in the lawsuit as a third person. In a word, the content of administrative punishment decision is not only related to the interests of the punished person, but also closely related to the rights and interests of the infringed person. According to the relevant provisions of the Administrative Procedure Law, both the punished and the infringed have legal interests in administrative punishment and the right to administrative litigation. Therefore, they are eligible to participate in the proceedings as a third party.
(two) in the case of administrative punishment, * * * is the same as the person being punished, and the person who has not filed a lawsuit can participate in the lawsuit as a third person.
The administrative organ punishes two or more offenders for the same illegal fact, some of them prosecute, and some of them don't. Whether a person who is not prosecuted participates in the proceedings as a third person shall be treated differently.
1. If the prosecutor has no objection to the determination of the illegal facts and the characterization of the behavior, but only refuses to accept the punishment result, then other people who have not been prosecuted cannot participate in the lawsuit as a third party, because the people who have not been prosecuted have no legal interest in the specific administrative act being sued.
2. If the public prosecutor disagrees with the determination of illegal facts or the characterization of illegal acts and the distribution of illegal responsibilities, then other unpunished punished persons may participate in the proceedings as a third party. This is because the administrative punishment is not aimed at the plaintiff alone, but at many people who have violated the law, including other non-prosecutors. When examining whether the administrative punishment is lawful and appropriate, the people's court should conduct a comprehensive review of the illegal facts of each * * * and the punished person * *, analyze and compare their respective roles in the illegal acts and the legal responsibilities they should bear according to law, and correctly measure whether the administrative punishment is lawful. In this case, no matter what the plaintiff's claim is, no matter what the judgment made by the people's court, it is difficult to determine whether there is a legal interest between other unpunished punished persons and the sued administrative punishment before the people's court conducts a comprehensive trial and makes a judgment. Therefore, in the case that * * * and the person who is subject to administrative punishment are partially prosecuted and partially not prosecuted, the party who has not been prosecuted shall participate in the proceedings as a third party.
(three) the person who claims the right in the administrative case of confirming the right may participate in the litigation as a third party.
According to the law, there are civil rights disputes between citizens, legal persons or other organizations, and some of them need to be decided by administrative organs. In the administrative case of confirming the right, there is an administrative legal relationship between the claimant and the defendant's administrative organ. If one party refuses to bring a lawsuit to the court after the administrative organ makes a ruling on the dispute over the ownership of rights, the other party who already enjoys the rights after the administrative ruling is in danger of losing the rights, so it has an interest in the specific administrative act of bringing an administrative lawsuit and can participate in the lawsuit as a third party. There are mainly the following situations:
L, land ownership administrative cases claim rights, can be a third person to participate in the proceedings. Party A and Party B have a dispute over the right to use a certain piece of land, and the Land and Resources Bureau determines that the disputed land use right belongs to Party A, but Party B refuses to accept it, and brings a lawsuit to the court, demanding that the decision of the Land and Resources Bureau to confirm the right be revoked. At this time, Party A is in danger of losing the land use right, and Party A can participate in the litigation as a third party.
2, other natural resources such as grasslands, beaches, waters and other rights confirmation cases and patent confirmation cases, the claimant can participate in the proceedings as a third party. If there is a dispute between Party A and Party B over the ownership of the patent right, and the patent right is confirmed by the Patent Office as Party A's, and Party B refuses to accept the lawsuit and requests to cancel the decision of the Patent Office to confirm the ownership, then Party A is in danger of losing the ownership of the patent right and can participate in the lawsuit as a third party.
(4) The defendant shall be added. If the plaintiff does not agree to the addition, the court shall notify him to participate in the proceedings as a third party.
According to the Supreme People's Court on implementation
(5) In a case caused by a decision of damages made by an administrative organ, both the victim and the victim may participate in the proceedings as a third party.
In this kind of case, because of the administrative legal relationship between the adjudicated parties and the administrative organ, any party who refuses to accept it can bring a lawsuit to the court and request to cancel or change the decision of the administrative organ. Because the damage compensation decision made by the administrative organ is closely related to the legitimate rights and interests of both the victim and the victim, if the victim thinks that the amount of compensation required is too much or requests the court to review the compensation decision of the administrative organ on the grounds of abuse of power by the administrative organ, the victim will face the possibility of losing or reducing the amount of compensation; On the other hand, the injured party demands heavier compensation, and the rights and interests of the injured party will also be affected. Therefore, in such cases, the injured party and the injured party can participate in the proceedings as interested parties and as a third party.
(6) Other administrative organs that have an approval relationship with the plaintiff's punished behavior may participate in the proceedings as a third party.
Another administrative organ that has an approval relationship with the behavior that the plaintiff was punished has an interest relationship with the specific administrative act that the plaintiff was punished, mainly as follows: if the approval behavior of the administrative organ is legal, then the plaintiff wins the case and the specific administrative act that the plaintiff is accused of is revoked; If the act approved by the administrative organ is illegal, the plaintiff loses the case, the specific administrative act is maintained, and the losses suffered by the plaintiff due to punishment shall be borne by the administrative organ. For example, Li was approved by the urban and rural planning department to build a house beside the highway, but the highway management department of a city thought that Li's house was built in the highway construction control area, which affected the highway construction. The urban and rural planning department's ultra vires approval was invalid, and Li was ordered to demolish the house. Li refused to accept the punishment. After bringing a lawsuit to the court, the urban and rural planning department may participate in the lawsuit as a third party. Because the examination and approval behavior of urban and rural planning departments is contradictory to the punishment behavior of highway management departments, if the court thinks that the punishment decision is legal, it means that the examination and approval of urban and rural planning departments is illegal and it will bear the losses caused by it; At the same time, whether the examination and approval behavior of urban and rural planning departments is legal and how much compensation responsibility they should bear should be proved or debated by urban and rural planning departments in litigation, so as to help find out the case, make a ruling together and prevent new lawsuits. Therefore, another administrative organ that has an approval relationship with the plaintiff's punished behavior can participate in the lawsuit as a third party.
(7) If the signatures of the decisions made by the administrative organ and the non-administrative organ are the same, the non-administrative organ may participate in the proceedings as a third party.
Non-administrative organs or other organizations do not have state administrative functions according to law and have no right to exercise administrative power. They can't be the subjects of specific administrative actions, even if they are entrusted by administrative organs to exercise administrative power, they can't be the administrative subjects who independently undertake administrative responsibilities, thus becoming the defendants in administrative litigation. The people's court can only list the administrative organ that made the decision as the defendant, but the results of the people's court's review of the legality of the specific administrative act being sued have a legal interest with the non-administrative organ, that is, if the people's court confirms that the decision made by the administrative organ is wrong and needs compensation, the non-administrative organ should participate in the lawsuit as a third party and bear legal responsibility in the compensation lawsuit.
(eight) in administrative cases of land acquisition or house demolition, the construction unit may participate in the proceedings as a third party.
In administrative cases of land acquisition and demolition, if a party refuses to accept the specific administrative act of land acquisition and demolition and brings an administrative lawsuit, the relevant construction unit may participate in the lawsuit as a third party. This is because the specific administrative act is to realize the legitimate rights and interests that the construction unit has obtained. Once this specific administrative act is prosecuted, it has a legal relationship of rights and obligations with the rights and interests of the construction unit. If it is necessary to demolish all the houses owned by Party A in urban construction, and Party A and the construction unit fail to reach an agreement on the demolition compensation, after the decision of the demolition management authority, Party A refuses to accept the administrative decision and brings an administrative lawsuit, and the construction unit shall participate in the lawsuit as a third party, because the result of the case is legally related to the construction unit.
(nine) the determination of the third party in the administrative case of real estate registration
The third party in a real estate administrative case refers to a citizen, legal person or other organization that has a legal interest in the specific administrative act of real estate registration disputed by the original and the defendant and applies for or is notified by the people's court to participate in the litigation. When determining the third party, we should pay attention to the following issues:
L, the same real estate management authority in a specific administrative act of real estate management registration, respectively, made a punishment decision on several management counterparts, only some of them sued, and other non-sued counterparts can participate in the proceedings as a third party if they have a legal interest in the specific administrative act being sued.
2. If the real estate management authority refuses to issue a title certificate to those who meet the registration conditions, and the unit or individual refuses to accept the administrative lawsuit, after the court decides that the real estate management authority performs its duties, if the specific administrative act of the real estate management authority involves or affects the interests of others, the person whose interests are affected cannot participate in the lawsuit as a third person, because the specific administrative act is not effective for people other than the relative person.
3. The specific administrative act made by the Real Estate Management Bureau beyond its authority involves or affects the interests of others other than the person being dealt with, and these interested parties cannot participate in the litigation as a third party. On the surface, it seems to have an interest in the specific administrative act in dispute, but this interest is not caused by the behavior of the real estate agency within its scope of authority, but by its exceeding its authority, which is not a problem to be solved in administrative litigation, so it cannot be a third party to participate in the litigation.
Three. Similarities and differences between the third party in administrative litigation and the third party in civil litigation
Distinguishing the similarities and differences between the third party in administrative litigation and the third party in civil litigation can better grasp the legislative purpose and characteristics of the third party in administrative litigation, accurately identify the third party in administrative litigation, prevent and avoid confusing the two, mistakenly list the third party in administrative litigation, and increase the litigation burden of litigation participants. The difference between the third party in administrative litigation and the third party in civil litigation is mainly manifested in the following points:
(A) the similarities in legal characteristics between the third party in administrative litigation and the third party in civil litigation.
The third party in administrative litigation and the third party in civil litigation have legal interests in the outcome of the case. The third party who has no independent claim in civil litigation must be "legally interested in the outcome of the case", while the third party in administrative litigation must be "interested in the specific administrative act of bringing a lawsuit". It seems that the formulation is different. In fact, "having an interest in the specific administrative act of bringing a lawsuit" is bound to have an interest in the outcome of the case. In this respect, the two are the same.
2. The third party in administrative litigation and the third party in civil litigation participate in the litigation in the same way, that is, they can both apply for and be notified by the people's court.
3. The time for the third party in administrative litigation and the third party in civil litigation to participate in litigation must be after others bring a lawsuit to the people's court and before making a judgment.
The purpose of the third party in administrative litigation and the third party in civil litigation is to protect their legitimate rights and interests.
5. The third party in administrative litigation and the third party in civil litigation are independent litigants. In litigation, they have the right to request withdrawal, state facts, provide evidence, cross-examine, debate, request re-examination and appraisal, and appeal against unfavorable judgment results, and they all have to bear corresponding litigation obligations.
(2) There are significant differences between the third party in administrative litigation and the third party in civil litigation.
1, the legal relationship involved in litigation is different. The third party in administrative litigation must have an administrative legal relationship with the defendant's administrative organ, and both parties are in an unequal position between the manager and the managed. However, there is a civil legal relationship between the third party and the original, defendant or both parties in civil litigation, that is, the civil relationship between the third party and the original and defendant with rights and obligations belongs to equal civil subjects.
2. The third party who has no independent claim in administrative litigation. The third party with independent claim in civil litigation has independent claim to the disputed litigation object between the original defendant and the defendant, so it has the right to bring a lawsuit and become a party. In this case, the third party is in the plaintiff's position, and both the plaintiff and the defendant are in the defendant's position, thus forming a joint trial of the original lawsuit and the third party lawsuit. The third party and plaintiff in administrative litigation are citizens, legal persons or other organizations, and the defendant is an administrative organ. Therefore, it is impossible for the third party to form an administrative legal relationship with the plaintiff, and it is impossible for the original and defendant to make their own independent requests for the defendant in administrative proceedings. If the third party makes an independent request for a specific administrative act and meets the conditions for prosecution, then the litigation status of the third party should not be the third party, but the plaintiff.
3. The extension of the concept of the third party in administrative litigation is less than that of the third party without independent claim in civil litigation. In administrative litigation, people who have an interest in the outcome of the case may not all have an interest in the specific administrative act that brought the lawsuit, so they are not necessarily the third party in administrative litigation. For example, if the staff of an administrative organ intentionally or grossly neglects administrative acts and brings an administrative lawsuit, although the result of the administrative organ losing the case may lead to disciplinary action or liability for compensation, it is of course also an interest. Because it does not belong to the "interest" in the sense of administrative litigation and does not meet the conditions of the third party in administrative litigation, he cannot participate in the litigation as the third party in administrative litigation.
4. The scope of the third party's right of disposition in administrative litigation is different from that of the third party in civil litigation. The third party in administrative litigation is generally qualified as a plaintiff, but it has not become a plaintiff because it has not filed a lawsuit against a specific administrative act. In the course of litigation, the court shall allow the applicant to file a lawsuit to revoke or change a specific administrative act again within the statutory time limit. At this point, his third party status will be changed to a * * * relationship with the plaintiff, exercising the plaintiff's litigation rights and undertaking the plaintiff's litigation obligations. However, the third person who has no independent claim in civil litigation does not exist in this situation, and he has no right to bring a lawsuit.
5. The third party in administrative litigation acts independently in order to safeguard their legitimate rights and interests, and neither assists the original defendant nor the defendant in litigation. Although the third person who has no independent claim in civil litigation participates in the litigation to safeguard his legitimate rights and interests, he always assists one party in the litigation.
6. If the third party in administrative litigation does not participate in the litigation, so that the legitimate rights and interests are not protected, it is impossible to prosecute alone. Only through the appeal and retrial procedure can the original judgment be changed, because the same specific administrative act is not suitable as the trial object of two cases. If a third person who has no independent claim in civil litigation does not participate in the litigation, his legitimate rights and interests can be solved by another lawsuit without retrial of the original case. For example, in a series of invalid sales disputes, all the buyers and sellers except the plaintiff and the defendant can participate in the litigation as a third person to jointly resolve the dispute, or they can settle the dispute with the party directly involved in the sales relationship after the original litigation ends, which generally will not lead to the retrial of the original case. I hope I can help you adopt it.