(1) The third party for administrative reconsideration must have an interest in the specific administrative act for which administrative reconsideration is applied. Such interests can be either direct or indirect. For example, a villager applied to the town government for building a house, falsely reported more household registration, and concealed less existing homestead. The town government staff did not carefully check and issued a building permit to the villager. The villager started building a house. After the county land bureau found out, the villager was given administrative punishment to return the illegal land occupation, and a fine was imposed. The villager refused to accept and filed for administrative reconsideration, Here, the town government participates in the reconsideration in the name of a third person, because the town government has a stake in this specific administrative act. The so-called "interest relationship" refers to the specific administrative act or the result of reconsideration that may affect its legal or factual rights and obligations. Whether or not the administrative counterpart other than the applicant has an interest in the subject matter of reconsideration is the only legal standard to judge whether or not it can become a third person. The closeness of this interest does not affect its ability to become a third person.
(2) The third person participated in the administrative reconsideration that had already begun. The third party must participate in the administrative reconsideration after the application for administrative reconsideration is accepted and before the administrative reconsideration decision is made. If the administrative reconsideration has not started or has ended, there will be no third party problem. Otherwise, it will not participate in the administrative reconsideration as a third person, but may apply for a new administrative reconsideration as an applicant.
(3) It must be approved by the administrative reconsideration organ. This is to protect the legitimate rights and interests of the third party on the one hand, and the legitimate rights and interests of the applicant for reconsideration on the other hand, to prevent unnecessary interference with administrative reconsideration activities. Allowing a third person to participate in administrative reconsideration has several purposes. Since the third person has an interest in the specific administrative act for reconsideration, the participation of the third person can help to examine the specific administrative act from multiple perspectives and is conducive to the accuracy of the reconsideration decision; Second, relevant issues can be solved in a reconsideration activity, which is conducive to saving manpower and material resources; Third, it is conducive to protecting the legitimate rights and interests of citizens, legal persons and other organizations, and safeguarding the fairness and rationality of administrative acts. After administrative review, the legitimate rights and interests of both the reconsideration applicant and the third party will be protected, and the illegal acts will be corrected, thus ensuring the effective implementation of administrative management.