Participate In The Administrative Procedure Of The Private Party In The Administrative Process

The modern administration is the democratic administration and the participatory administration. In the procedures it stresses the administrative participation of citizens, and the level of its democratization is higher and higher. In the administrative procedure, administrative subject has great executive power, and the private party is obviously at a disadvantage. It requires providing necessary guarantee to legitimate rights of private party in the procedural aspect, building a perfect system to ensure the impartiality of the administrative procedure. Then, only the private party participates in the administration procedures, the supervision to the administrative subject can be strengthened and the legitimate interests of private party are protected better. The author views that the participation of the private party stresses the operation of involvement in the executive power and it has a certain degree of influence to the process, rather than simply "to be present" and "to be show up" or "to join". Actually the participation is also the interaction between the administrative subject and the private party. It means that in the administrative process private party will not be the passive object, but the proactive side. In this interactive process, it can achieve the win-win situation of the efficiency and the impartiality of administrative activities and the protection of the legitimate rights and interests of private party in the Administrative process. The method of this thesis is first explore the meaning, content of the participate in the administrative procedure of the private party in the administrative process , and then comment on the necessity and feasibility, through analyzes the situation of the participation in the administrative...