我國行政復(fù)議第三人制度研究.pdf

1、 1Abstract Relief relative to the administrative review rights as a channel, is the modern rule of law to resolve administrative disputes, the effective protection to relative Human rights, thus contributing to an import

2、ant administrative organization in the administrative system. In recent years, the lack of administrative review with the imperfections of growing sectors of the academic and practical concerns, a series of studies has e

3、merged as a mushroom, however, as an important part of Administrative review, the third administrative review system are relatively left out, and in so far, the third administrative review system was not yet established

4、their own independent theoretical system, a number of important theoretical issues are in constant state of strife, such as clearly defined property specifications, qualifications are not allowed to grasp the elements ,

5、the main cover is not enough, the standard type are not strict and so on. Full backwark in the theory basing on the design leads to unreasonable and imperfect, therefore, the difficulties encountered on the judicial prac

6、tice are inevitable, it is in this sense, we propose to improve the system of the third administrative review . In this paper, the theory of administrative reconsideration work of research and concrete practice, consists

7、 of four parts of the system of administrative review are discussed in the third person. The first part of the preface. On the background and significance of this topic, the status of domestic and foreign research, resea

8、rch methods and basic analytical framework for the introduction probably be done first; the second part, the establishment of administrative review followed by a third party system and the resulting values theoretical di

9、sputes, including the specification property, qualified elements, the four main aspects of the scope and type; third part of our current “Administrative Reconsideration Law“ on the third party in the administrative revie

10、w procedures for the design of the imperfections and the resulting problems from the practice, which is the practice of the Court of Justice for reconsideration organs missing how the behavior of the third qualitative is

11、sues; fourth part, by improving the system of the third administrative review of the specific ideas, including scientific design of the program legislation , for different types of administration provided by a third diff

12、erent remedies, and judicial oversight and protection; last part is the conclusion of this paper, the conclusions of this paper came out with more than, the focus of this article does not address the two issues briefly d