Discussion On The Procedural Right Of Counterpart

From the mutual-active development process between the administrative power and the right of citizenship, administrative power must have the intention to protect the right of administrative counterpart. In modern administrative law, due to the value possessed by legal procedure, the procedural right of counterpart is necessary to be established. The paper is based on the expectation of citizen's right, discusses counterpart's procedural right and its safeguard as well as redress. In the whole process of administrative act, administrative counterpart ought to have the following main procedural rights: right to learn the truth, right to obtain fair procedural treatment, right to defend oneself, internal procedural participation right and so on. There are still other rights and formal rights including right to startup and promote process, right of application, right to participate in internal process, right to acquire answer, authorized competency, right to acquire related document duplicate. Moreover, we also put focus on the procedural right of counterpart in administrative contract and administrative guide as well as the procedural right of interested person in administrative act. Law should provide safeguard and redress to protect the procedural right of counterpart. But in practice, the procedural rights of counterpart are badly damaged, while legal redress system has a fatal deficiency. Besides the existing redress system, in order to realize counterpart's right, the paper also assumes two systems provide instant redress to procedural right, one is urgent relief by public force such as government, another is self-preservation by counterpart's right of resistance.