如何确定行政诉讼第三人,在审判实践中是一个有争论的问题。本文拟从行政诉讼第三人的确定及其法律地位略谈管见,以推动对行政诉讼第三人问题的进一步研究。 对于如何理解行政诉讼法第二十七条规定的“同提起诉讼的具体行政行为有利害关系的其他公民、法人或者其他组织,可以作为第三人申请参加诉讼”,一种意见认为,所谓“同提起诉讼的具体行政行为有利害关系”,是指与被告行政机关具有行政诉讼法上的利害关系,即行政法律关系,否则,就不能作为第三人。也就是说,第三人 How to determine the third party in administrative litigation is a controversial issue in the trial practice. This article intends to talk about the determination of the third party in administrative litigation and its legal status so as to promote the further study of the third party in administrative litigation. As to how to understand Article 27 of the Administrative Procedure Law, “other citizens, legal persons or other organizations that have a stake in a specific administrative act that initiates a lawsuit may apply as a third party to participate in the litigation”. According to one opinion, the so-called “ Have a stake in the specific administrative act that has brought the lawsuit ”means that they have the administrative law relationship with the administrative agency of the defendant in the administrative procedure law, otherwise, they can not act as a third party. In other words, the third person