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行政诉讼是公民、法人或者其他组织对行政机关的具体行政行为提起的诉讼,原、被告是地位不平等的主体.民事诉讼是地位平等的主体间因财产权、人身权发生纠纷而提起的诉讼.在这两种诉讼中,都存在第三人参加诉讼的情形,两种诉讼第三人有着诸多共性,但由于这两种诉讼有着质的不同,因而导致了两种诉讼第三人有着种种不同.下面,笔者试图从比较的角度来论述两种诉讼第三人.
Administrative litigation is a lawsuit filed by citizens, legal persons or other organizations against the specific administrative acts of the administrative organs, where the original defendants and the defendants are the subjects of inequality of status.Civil litigation is a lawsuit brought by disputes between property rights and personal rights in the subject of equality of status. Both of these two types of litigation, there are cases of third parties to participate in the litigation, the third person has a lot of common ground, but because of the two litigations are qualitatively different, resulting in a third party of the two litigation are different. Below, the author attempts to discuss two types of litigation third parties from a comparative perspective.