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行政诉讼第三人界定标准的功能在于准确确定行政诉讼第三人,科学合理的界定标准应当具有明确性、灵活性、经济性、公正性等特征。但是,由于我国立法设计的不足,导致现行行政诉讼第三人界定标准存在较大缺憾,引发了实践中的一系列问题。因此,应在检视与反思现行立法规定,借鉴大陆法系国家有益经验的基础上,从明确第三人参诉的连结点、合理界定利害关系的内涵与外延两方面重构我国行政诉讼第三人的界定标准。
The function of defining the third party in administrative litigation lies in the accurate determination of the third party in the administrative litigation. The scientific and reasonable definition of the standard should have the characteristics of clarity, flexibility, economy and impartiality. However, due to the lack of legislative design in our country, there is a big shortcoming in the definition of the third party in current administrative litigation, which has triggered a series of problems in practice. Therefore, it is necessary to reconstruct the third party of administrative litigation in our country from the point of view of clarifying the connecting point of the third party ’s complaint, defining the connotation and denotation of the interest relation rationally, on the basis of reviewing and rethinking the current legislation and drawing lessons from the beneficial experience of the civil law countries. The definition of standards.