Research And Analysis On Protecting The Rights Of Administrative Reconsideration Applicants Of Public Security Agency

Administrative reconsideration applicants of public security agency are citizens, legal persons or other organizations, which apply to a public security administrative agency for administrative reconsideration in his own name when they consider that certain specific administrative acts of a public security agency infringe upon their rights , or refuse to accept a specific administrative act of a public security agency. In accordance with the law and regulations, the public security administrative agency accept the applications and make decisions after administrative reconsideration.In our country, the right of administrative of the public security agency is powerful very much, and that infringing the rights and interests of private parties and causing dispute may happen whenever and wherever possible. As a kind of administrative reconsideration, the administrative reconsideration of public security agency occupies more than 60% of the alarming proportion in the all administrative reconsideration cases. When the current "harmonious" society building has become a administering idea of the great background, it is necessary to give full play to its administrative relief function to active role in protecting the rights of the administrative reconsideration applicants of the public security agency.The definition and the scope of the administrative reconsideration applicants of the public security agency are main issues at first .The different understandings about the administrative reconsideration applicants of the public security agency in Chinese and foreign theories of administrative law are analyzed and compared .After giving a definition to the administrative reconsideration applicants of the public security agency from the perspective of the citizenship ,I put forward my opinions about some difficult problems concerning the general legal relationship of administrative law .Moreover, this thesis deals with the problems of qualifications and requirements of applicants, and distinguishes applicants and other closely relative concepts, and classifies initially the types of applicants. All of these can be of benefit for the meticulous study about different types of applicants in the future. The emphasis content about this thesis is the studies on the rights of the administrative reconsideration applicants of the public security agency. There exist many problems with the administrative reconsideration of the public security agency in practice, which reflects the weakness and deficiency of the protection on the rights of the applicants administrative reconsideration of the public security agency. This thesis focuses on analyzing on the basis of factual occurrences the problems and deficiencies existing with the administrative reconsideration of the public security agency, probing the possible solutions to those problems and facilitating the perfection of the system.In the past long-term system of planned economy, China's administrative law has been based on the value orientation of the executive and administrative powers to the main focus. As the legal status of the applicants in the administrative reconsideration is passive, they have not more research value. In light of the research about the private parties in the administrative process, about the applicants in the administrative reconsideration, and about the applicants in the administrative reconsideration of the public security agency has been a weak and poor scene. I attempted to do some useful work to develop and perfect the administrative reconsideration systems of the public security agency, and sets forth some constructive suggestions.