行政诉讼被告三题

Three Issues on the Defendant in Administrative Litigation

现行立法对确定行政委托被告的规定不尽合理。应在立法上将行政委托和行政代理相区别;在审理行政代理案件时,应将代理机关和被代理机关列为共同被告。对复议维持决定应进一步区分真伪,对真复议维持决定应明确以原行政机关为被告。在原告起诉多个被告,其中有不适格的被告时,法院应先予释明,如原告坚持原诉时,应裁定驳回其起诉,而不应拆分原告的起诉,分别下判。

Provisions of the recognizing the defendant in administrative trust is not reasonable in current laws. It is necessary to differentiate between administrative trust and administrative agency in legislation. The acting organs and the principal organs shall be the joint defendants in the hearing of administrative agency cases. The affirming decisions in administrative reconsideration should be further divided into real ones and fake ones, and the administrative organ that initially undertook the act should be the defendant if the affirming decision in administrative reconsideration is real. On condition that a plaintiff brings a suit against several defendants and some of which are not proper, the court should investigate and ascertain the circs at first. If the plaintiff insists on its claim, the court should reject the action rather than divide it into several actions and make judgments accordingly.