一般认为行政诉讼第三人,就是指与被诉的具体行政行为有利害关系而参加到诉讼中来的公民、法人或其他组织。由于立法上的不完善,在司法实践中,行政诉讼第三人制度上的缺陷也逐渐显露出来。因此,必须结合新的司法实践,明确“利害关系”的范围,确立行政机关第三人的当事人地位,对第三人进行科学分类以相应适用当事人程序规则。 It is generally considered that the third party in administrative litigation refers to a citizen, legal person or other organization that participates in the litigation with an interest in the specific administrative act being sued. Due to the imperfect legislation, in the judicial practice, the defects of the third person system of administrative litigation have gradually emerged. Therefore, it is necessary to combine the new judicial practice with a clear definition of the scope of the “interest”, establish the party status of the third party in the executive branch, and classify the third party in a scientific manner so as to apply the rules of procedure of the parties accordingly.