论我国行政协议第三人的行政诉讼救济制度完善

On the Improvement of Administrative Litigation and Relief System for the Third Party in China's Administrative Agreement

由于我国立法的空白和行政诉讼制度本身的漏洞,使得司法实践中在如何保护行政协议第三人的权益这一问题上存在诸多难题和困境,如行政协议第三人的原告资格难以认定、第三人救济手段有限、行政协议争议案件的司法审查模式不确定等。针对这些问题和困境,可以通过尽快确立行政协议第三人原告资格的认定标准、采用"可分离行为"的司法审查模式和增添预防性行政诉讼救济类型等措施,在司法层面上尽快构建和完善行政协议第三人的行政诉讼救济制度。

Due to the gaps in China's legislation and the loopholes in the administrative litigation system, there are many difficulties and dilemmas on how to protect the rights and interests of third parties in the administrative agreement. For example, the plaintiff qualification of the third party of the administrative agreement is difficult to identify. Third party remedies are limited, and the judicial review mode of administrative agreement dispute cases is uncertain. In response to these problems and dilemmas, we can establish and improve the judicial level as soon as possible by establishing the criteria for determining the plaintiff qualification of the third party in the administrative agreement, adopting the judicial review mode of “separable behavior” and adding types of preventive administrative litigation relief. The administrative litigation relief system for the third party of the administrative agreement should be improved as soon as possible.