Court gist
The first paragraph of article 29 of the Administrative Procedure Law stipulates that "where a citizen, legal person, or other other organization has an interest in the administrative act being sued but has not initiated a lawsuit, or has an interest in the outcome of the case, he may apply to participate in the litigation as a third party, or the people's court may notify him to participate in the litigation." A person who has no legal interest in the outcome of the case is not eligible to be added to a third party.
Reason for trial
The Supreme People's Court held that Wang filed an administrative lawsuit in this case against the administrative compensation decision made by the Shinan District Government against Wang, Wang Bing, and Wang Yi. Since Wang had made a claim for compensation for both the loss of the licensed and unlicensed houses in the administrative compensation procedure, and the compensation decision made by the Shinan District Government only compensated for the loss of the licensed houses, and did not involve the unlicensed houses, the court of first instance based on this judgment revoked the administrative compensation decision made by the Shinan District Government, and the Shinan District Government made a new administrative treatment of the compensation claimant's compensation application, which was not improper. On August 14, 2015, the Shinan District Government has re-made the Administrative Compensation Decision No. 1 of the Qingnan Political Compensation Decision (2015), and if Wang is still dissatisfied with the administrative compensation decision, he may file a separate lawsuit. Article 86 of the Administrative Procedure Law of the People's Republic of China stipulates: "The people's courts shall form a collegial panel for a trial in an appeal case. After reading the case file, investigating and questioning the parties, if no new facts, evidence or reasons have been put forward, and the collegial panel finds that there is no need for a hearing, it may also not hold a hearing." According to the above provisions, Wang's application for a retrial in violation of legal procedures for the court of second instance not holding a public hearing could not be supported. Paragraph 1 of Article 29 of the Administrative Litigation Law of the People's Republic of China stipulates: "Where citizens, legal persons or other organizations have an interest in the administrative act being sued but have not initiated a lawsuit, or have an interest in the outcome of the case, they may apply to participate in the litigation as the first person, or the people's court may notify them to participate in the litigation." Since Wang Bing and Wang Yi were claimants for administrative compensation for the specific administrative act against them, the court of first instance, in the absence of a lawsuit against the specific administrative act against the defendant, notified Wang Bing and Wang B to participate in the litigation in this case as a third party, which was in accordance with the provisions of the law. Wang believes that the housing lesse Yang Mouhong and Li Mou should be added as a third party in this case, but since Yang Mouhong and Li Mouhong are not the applicants for administrative compensation, and they have no legal interest in the administrative compensation decision involved in the case, the current reason for the retrial of the petition cannot be supported.
Case Index: Supreme People's Court Administrative Ruling XingXing Shen No. 999
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