关键词：行政诉讼 第三人 利害关系 比较法 类型
Abstract: The system of the third party in administrative litigation is a important part in the administrative procedure field, which can protect the legitimate interests of the citizens, legal persons and entities without legal personality. However, due to the imperfection of our legislation, the system of the third party in administrative litigation has defect, there is a dispute on both theory and practice. In this paper, I will analysis the third party of administrative litigation form three: firstly, the paper defines the scope of the third party in administrative litigation. The meaning of interested relation should include the directly interested relation and indirectly, and the administrative authorities can be the third party in administrative litigation; secondly, the research of the third party in administrative litigation need to absorb and reference similar systems of other countries’ and regions’ such as Germany and China Taiwan from the type, scope and procedures; Lastly, the paper analysis the type of third party in administrative litigation. After analyzed the problems existing in the type of the third party, it can be classified into three types: The necessary participants, the ordinary participants and the secondary participants.
Key words: Administrative litigation; The third party; Interested relation; The comparative law; Type