On Equal Protection Of The Rights Of Private Party In Administrative Process

Equal protection of the rights of private party in administrative process becomes a main problem in administrative law. But scholars often regard the rights of private party as administrative subject duty when they inquire into the protection of the rights of private party. That is to say, hey ignore the relationship of private party, which means they pay little attention to equal protection of the rights of private party;means the balance shown in the process of administrative subject's carrying out their duty to protect the rights of private party. China is now in legalization process, so there exists the phenomena of unfairness in many fields of administrative law system, regulation and operation. Unequal administration legislation, execution and judicial process make the rights of private party in judicial practice unbalanced.Since the incorporation of humanitarian thoughts into administrative law. The aim of administrative law has the inclination to safeguard the citizen's rights. The rights of private party could be protected by administrative organs, once the thoughts of justice, equity is incorporated into the construction of administrative law, the spirits of justice, equity is permeated through the while fields of administrative law and administrative activities are covered by humanitarian thoughts.This paper follows a structure line of theoretically analysis, phenomena analysis and measures taken. The research starts from the points of the theory of equality, legislation of administrative law, administrative practice, and administrative practice supervising. The administration subject is viewed abstractively as "one", the private party viewed as "many". The relationship between "one" and "many" is the main thought to analyze the question, which implies that if the subject and the object could stay in a state of consistency, and keep in a state of identity in quality and quantity, then the state of uneven protection would not appear;if the "many" is not the meaning of the many in number of the objects, but the meaning of many rights having,then the uneven protection of rights of private party having will be appeared. This paper has four chapters. The first chapter is the general description of equal protection of the rights of private party, which includes the definition of the concept of private party, the analysis on the concept, characters and types of rights of private party, and the analysis on the real meaning of equal protection of the rights of private party based on the discussing of the meaning of equality. The second chapter is to research the theory basis of equal protection of the rights of private party, which includes three parts: the basis of jurisprudence, the basis of constitutional law, and the basis of administrative law. The third chapter is the analysis on the uneven protection of the rights of private party. The inequality and uneven protection of the rights of private party are existing in the administrative process, which serious damage the legal rights and interests of private party. To competitively well control three aspects of administrative subject, private party and degrees of rights having is good for analyzing the causes of uneven protection of the rights of private party and classify them. The causes of uneven protection of the rights of private party are mainly raised by the limitation of traditional idea of equity, imperfect of administrative law, unstandardized administration practice and imperfect of supervising system. The fourth chapter discussed how to realize the equal protection of the rights of private party from the angle of theory and system structure. The ways to improving the rights protection of private party are as follows: theoretically well understanding the relationship between equity and freedom;improving the administrative law system for equal protection of the rights of private party;normalize the administration practice and stick to implement the administration practice based on law;and making perfection of the legal system of supervising the administration practice.