On Private Party's Rights Protection In Administrative Enforcement

It is one of the key subjects that the studies of the administrative law at present in our country that in the administrative enforcement, this thesis ensures for the starting point and final home with the private party's rights , it is analyzed that the relation between administrative enforcement and private party's rights guarantee. It is the basic purpose that the administration legislation by force to ensure running through administrative enforcement process to the rights of private party. The purpose of this thesis is to make private party's rights get further affirmation, respect and guarantee in administrative enforcement, make administrative enforcement receive relative respect, cooperation and understanding of private party , it is not that the compulsive means have an effect mutually in the course of realization of the law to make the administrative enforcement and other.This thesis divided into three large chapters altogether.The first part Mainly explain several basic theories in an all-round way that the article involve , compare domestic with international administrative law, put private party , private party's right, administrative enforcement, all concept carry on the scientific localization. I have summed up and analyzed the universality laws and generality characteristics between them. Use the method that the constitutionalism analyses, point out democracy, rules by law and human rights principle and the idea that the modern constitutionalismincludes, reflecting on administrative enforcement that administrative power running in, and they form the constitutional foundation that administrative power operate legally and properly in administrative enforcement.I analyzed the backgrounds of the study on private party's rights in administrative enforcement. .The author think the theory that recommends the order and obeys the order, do not meet the need of the current society . The author have proved and analyzed the humanistic spirit of the contemporary administrative law. That is to say the government keeps the same interests on the state between the public, service and cooperation on the behavior, trust and communication in idea. And pointed out all sorts of in the administrative enforcement at present.The author try to design private party's right security system in administrative enforcement in the third part .this part point out it is difficult to define anything by one law. Life is abundant and complicated and it often changes, but if we establish administrative enforcement basic principles, we will solve the problems we meet. We should make the basic principle have legal effect too. So, The author design the basic principles of administrative enforcement force the basic principle at first .Then, The author point out that it is an only way that private party's rights can be ensured in the administrative enforcement by" communicating ".The author point out as soon as possible setting up and perfecting administration administrative...