On The Administrative Counterpart's Procedural Right Of Resistance

In China, administrative counterpart has long been in a subordinate status in administrative legal relations and relegated to the object of administration. It can be shown in many aspects such as its procedural right experiences the contempt, the individual legitimate interest is hard to defend validly in administrative acts procedure and administrative illegal acts is difficult to be deterred timely. The effect of post relief is too scanty to recuperate not only the loss of individual interest but also the loss of rights. Therefore, how to constrain the supervision of illegal administrative acts and safeguard the legitimate right of administrative counterpart becomes the problem, which needs to be resolved as soon as possible.As an important procedural right of administrative counterpart, the procedural resistance right emerges and functions becoming the key of resolving this problem. The procedural resistance right of administrative counterpart originates from the fading of the unlimited facto force viewpoint and the developing process of the limited facto force viewpoint and the theory of invalid administrative acts based on these two doctrines. Different from the normal legitimate defense, the procedural resistance right of administrative counterpart has the special connotations of its own.From the reality that administrative counterpart has always been trespassed in practice even with its theoretical status being uplifted and based on the theory of resistance right which is connected with the illegal administrative phenomena in practice, this thesis analyses the theories, the present situation of practice and the deficiency of procedural resistance right in China with some relative theories and the practice of legislation and judicature, then makes an induction of procedural resistance right and gives the suggestions on how to perfect the procedural resistance right of administrative counterpart so as to draw out the framework of the system of procedural resistance right of administrative counterpart and realize the constitutional requirement of respecting and safeguarding human rights.This thesis makes contributions on the following aspects: posing the procedural resistance right of administrative counterpart to the perspective of human rights, defending the procedural resistance right of administrative counterpart from the perspective of fundamental rights which are confirmed in constitution, proposing a new annotation of how to perfect the research on the administrative counterpart and its procedural resistance right from theoretical aspects, making the confusion between the theories of procedural resistance...