Research On The Rights Of Administrative Related Party

Being a very important issue in the administrative law, the right of the related administrative party exists side by side and plays a part together with the administrative power to be the core of the legal relation of the administration. Judging from the world wide view point, the right of related administrative party has been improved and developed continually. How to protect the right of the related administrative party to the maximum extent and respect the subject position of he administrative party has been the problem must be faced by the diminutive law. The present dissertation focuses on the basic knowledge and principle content of the right of the related administrative party, and the theory and practice of the right of the related administrative party. By the means of logic carding of the related administrative party, clarifying the theory of the principle of the administrative law, the author tries to reconstruct the administrative law system and its theory, which is based on the related administrative party. Firstly, the author explains the necessities and the end of the related administrative party, and describes the shorting of the related administrative party in the legal practice. The said reconstruction should take the related administrative party as the logic starting point and the end. All the establishing of the theory and system of the related administrative party should be arranged around the central task of the related administrative party and developed for the fully development of the freedom of the related administrative party. The present dissertation includes five chapters and a conclusion: Chapter I. The Concepts of the Related Administrative Party In this chapter, the author uses the related materials from the Anglo-Saxon legal system, the continental legal system and other legal domains comprehensively, especially the legal concepts. Actually there are different opinions about the connotation of the related administrative party, which is not only different between different legal regions, but also in our country. Basing on the principle of jurisprudence, the author holds that it should be defied the related administrative party as one of participates of the legal relation of administration and as the citizens, judicial person and other organizations. This kind of definition gets ride of the thought of the management and correct the one-sided view which takes the related administrative party as the object of the administrative management. By placing the related administrative party on the equal position of dialogue, the author explains the concept of the related administrative party and its form, which emphasizes the content of the right of the related administrative party. Chapter II. The Generation and Evolution of the Right of the Related Administrative Party The core of the contradiction in the administrative law is the confrontation between administrative power and the related administrative party, which is the origin of all the troubles of the administrative law. Thereare three kinds of arguments in the basic theory of administrative law, including the theory of management, the theory of control and the theory of balance. By combining the history background of all the three arguments mentioned above, we can just describe the relationship between different concepts about the right and duty, and by which means we can answer the question such as what is the right of the related administrative party and why it is so. Under the different administrative legal thoughts, the forms of the right of the related administrative party are different. With the deepening and evolving of the right of the related party, its form shows the trend from simple to rich, from omitted to activated, from obeyed to competed, and approaches to the goal of freedom, justice and autonomy. Chapter III. The Thread of Thought of the Right of the Related Administrative Party In this chapter, the author expounds and proves the justice of the right of the related administrative party with regards to the Maxims and the theory of social contract, which lies in the truth that the subject of the related administrative party is not a value judgment, but one kind of should be anticipation. Also in this chapter, the author explains the human basis of the right of the related administrative party form the vantage point of moral value. The orientation of the right of the related administrative party is presented in this chapter from the view point of administration and administrative power, so as to develop and expand such as autonomy, cooperation and innovation. Chapter IV. The Fulfillment of the Right of the Related Administrative PartyIn this chapter, the author originates from the three forms of the right; by pointing out the fulfillment of the right of related administrative party is a transformation process from the deserved right to right in reality, which mixed all factors such as politics, economics and culture. The author also introduces the due status of the modern administrative law by borrowing arguments from some foreign scholars. The development of the administrative law keeps step with emergence of modern administrative country. Chapter V. The Remedy for the Right of the Related Administrative Party In this chapter, the author starts her argument from the jurisprudence of the remedy for the right of the related administrative party and uses the theory of evil power and social remedy to explain need for remedy for the right of the related administrative party. The system of the remedy can be classified into two systems, i.e.., the inner system and outer system. The inner one includes the administrative reconsideration and administrative remedy. The outer one constitutes the administrative litigation and the administrative remedy system. By combining the inner one and the outer one, the remedy has its special and universal characters. The author puts forward that the function of remedy for the right of the related administrative party is to restrain the willfulness of administration, compromise the contradiction in society and to make sure the anticipation of the reasonable related administrative party. The present dissertation emphasizes the defects in the remedy system in our country and presents her suggestions. Conclusion: The Trend of the Development of the Right of the...