诉讼中的第三人是我国民事诉讼法和行政诉讼法中确立的诉讼参加人制度之一。由于行政诉讼法与民事诉讼法是各自独立的法律部门,因而行政诉讼中的第三人与民事诉讼中的第三人也有很大区别。但是,在行政诉讼实践中,人们对这两种第三人的异同往往分不清楚,特别是对于行政诉讼第三人的概念、特点、种类、参加诉讼的条件,以及在诉讼中的地位、权利和义务等问题还有不同理解。 The third person in litigation is one of the litigation participants established in China’s Civil Procedure Law and Administrative Procedure Law. As the Administrative Procedure Law and the Civil Procedure Law are independent legal departments, there is a big difference between the third party in administrative proceedings and the third party in civil proceedings. However, in the practice of administrative litigation, the similarities and differences between the two third parties are often not clear, especially for the third party in administrative litigation concept, characteristics, types, conditions for participating in the litigation, as well as the position in the litigation, There are different understandings of issues such as rights and obligations.