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The Research On The Administrative Participation Right In The Administration Law

Posted on:2011-09-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:R T JiangFull Text:PDF
GTID:1116330332472855Subject:Administrative Management
Abstract/Summary:PDF Full Text Request
China is in a period of social change and transformation, while the West has entered the post-modern society. In the background, of dramatic changing and the transformation of planned economy to market economy, it is necessary to rebuild a new relationship between government and citizens. Deepening political restructuring, emphasizing spiritual civilization, political civilization and ecological circumstances, all of these make government function change way of administrative acts. Also the re-establishment of the administrative mode is necessary. From the administrative point of view, the basic theory of administrative law is the core of the relationship between government and citizens, is the relationship of administrative power and civil rights. This paper analyzes the process of administrative power in the background of the increasing participation of the right administration.The modern values in the pursuit of administration, governce model and the right to participate in the theoretical basis of administrative are analyzed in the paper. Also the legal relations, implementation, value principle and significance have been included.The increasingly broad and universal practice of administrative participation is encouraged in this paper.The administration has to response to demand of the citizen participation while is fear of losing its own ambivalence authority. So there is an objective obstacle for citizen participation, developing the theory and the system. In the traditional and modern administrative legal culture, the administrative subject is the main research focus. However, whether the practice of citizen participation from the level of understanding or from the legal relationship,the administrative relations are not only formed by the administrative subject. The public as a relative is important in the exercise of the right questions, the theory relationship of administrative law, as well as state and society, government and administration of personal relationship.This paper is focus on the legal infrastructure and public participation rights of the administrative participation right. On the base of the present analysis, the paper reveals relevant policy to improve our administrative participation right. It is the theoretical analysis of administrative participation right that means the basic theories of administrative participation rights. The evolution of legal status of private party in the administrative process could reveal the deep change of the civil rights and government functions. The paper also studies the administrative participation rights in law implementation level and the analysis. The administrative participation refer to the executive authority affected interests that are expressed by stating opinions, express request of their legitimate rights and interests involved in the process. The administrative participation right is a kind of political rights. Administrative participation right is also a kind of public law right, while it is also a progress right. In the present, the subject of the administrative participation right exists in a variety of forms. The types of administrative participation rights are different. Combined with practice, the analysis of problems is aim to solve the problem. The paper analyses the influence of administrative participation rights, which is also including our administrative participation rights of the rule of law, and administrative participation rights of the development of new trends, and the missing of legislation. The rule of law should protect the rights of the private sector participation in the process, through the right shows, the transformation and effective relief to participate in rights.The paper focused on the subject system and judicial remedies. It is revealed that the participation rights should be improved on the form of organizations of society. Also, the system of participation rights could be perfected by learned from other countries and regions. From using the relevant international experience, it should be perfect that the system of public information to protect the administrative participation rightsThe development of modern administrative law in China has accumulated a solid administrative participation basis. From the evolution of public power, the constitutional theory, and the legal culture of our citizens, which have enriched the administrative theory. Advance of governance is beyond public management, with citizen participation in the public governance. It reflects the conversion of the role of government. The promotion of administrative participation right plays a positive role in the restructuring of public law system. In China, the status of administrative participation right still has many unsatisfactory. However, studies of administrative participation right will give a new thought to the development of our administrative law and administration. The expansion of citizen participation, particularly orderly political participation, could balance the relationship between the civil rights and administrative power.
Keywords/Search Tags:participation, private party in the administrative process, right, interest
PDF Full Text Request
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