Administrative Proceedings The Main Theory

The dissertation mainly discusses three types of litigant subjects: plaintiff, defendant and the court as the adjudicator, not involving other litigant subjects. From the style of writing, the dissertation is composed of four sections: the section of introduction generally concerns the motivation of writing the dissertation, analysis of basic conceptions and other relevant matters; the author will respectively probe into three types of litigant subjects from second section to last one. Section one, the title of plaintiff, researches into plaintiff抯 substantive and litigant rights and types of plaintiffs. Law establishes the basis of its being because of its stipulating rights, it is not what rights possess the reason of its being because of legal stipulation. Hence, rights are the root of powers, which is basic meaning between plaintiff substantive and defendant抯 substantive powers. Corresponding, there are no rights without remedies, which is fundamental connotation of plaintiffs substantive rights and his (her) procedural rights. The scope of plaintiffs substantive rights is actually the boundary of rights that administrative proceedings law can or should protect. Understanding the scope of plaintiffs substantive rights, we should pay attention to the characteristics of proceedings law, that is, the rights protected by the litigant are only those recognized and vindicated by the court decisions, not the rights that plaintiff may claim or actually claim. The plaintiffs litigant 駁hts means procedural rights that plaintiff enjoys in the litigant process of from filing the case to the termination of final decision execution. It is not only the embodiment of plaintiffs rights of sues but also the safeguard of realization of plaintiffs rights of sues especially the right of recovery. The functions of plaintiffs litigant rights rest with the remedies of substantive rights, especially relieving the rights of weak citizen under the control of the strong administrative powers. Plaintiffs litigant rights include: the right to sue, choice of jurisdiction, the right to petiton independent trial, the right of argument, the right to withdraw the lawsuit, the choice of pubic trial, etc. Therefore, 損laintiffs interest?together with the relevant system of trial affirmance and maintenance should take the place of laintiff standing?together with pre-trial checkup system, which is no long appropriate in administrative proceedings. The remedy way of right blocked by plaintiff standing will resume completely. Section two, the title of defendant, concentrates on discussing the defendant抯 substantive powers, its litigant rights and duties, confirmation of its status, its types, etc. With the prevalence of the national regulations on social life, administration is playing the more and more role and developing an increasingly conspicuous function in social life. However, power is not inherent, but only the being that persons enjoying the right create, similarly, administrative power only originates from the whole citizens shaping the national volition. Therefore, administrative power should be properly collocated according to the rule of law and principle of reserving the citizen rights, moreover, principles of using the power should be followed with them. Administrative duties should be obligation that administrative agencies must fulfills during their using powers, at the same time, only when such powers is indispensable during administrative agencies? performance of obligations is it necessary to establish admi...