行政诉讼第三人范围之界定

Defining of the Range of the Third Person in Administrative Lawsuit

行政诉讼第三人是行政诉讼中的一项重要制度,也是极具理论意义和实践价值的一个重要问题。行政诉讼第三人的范围或种类问题是行政诉讼第三人中的一个关键性问题,理论界对此有不同的看法,在立法中也没有对行政诉讼第三人的范围问题作出明确规定。这导致在司法实践中各地有不同的做法,缺乏统一的标准,亟待完善。从基本原则、标准等方面对行政诉讼第三人范围的界定作系统的分析,在此基础上可以对行政诉讼第三人的范围作出较为科学的划分。

The third person in administrative lawsuit is an important system, and is also an important issue for theoretical significance and practical value. The issue of the range of the third person of its class in administrative lawsuit is a key problem. In theoretical circle, there are different points of view, and in legislation, there are no definite stipulations on the range of the third person in administrative lawsuit. This situation has caused different practices in judicial sections in different regions. The situation of lack in uniform criteria is to be modified urgently. On the basis of systematic analysis on the definition of the third person in administrative lawsuit from the aspects of basic principles, the criteria etc. the comparatively scientific classifications on the ranges of the third person in administrative lawsuit can be made.