The Research On The Administrative Right To Resistance

Where is the right, where is the method of protecting. If there are not any ways to protect, the right is not the true right. As a method of protecting our rights, the administrative right to resistance can make up with the disadvantages of public protective ways. It can protect people's right, realize social fair and justice. But the administrative right to resistance just starts in our country. And there is a great dispute on it. It greatly restricts the function on protecting people's right. The administrative right is one way of protecting right by private strength. When the country doesn't offer full, prompt and effective ways to protect facing the violation, its function is more and more important. In order to realize the protection of the right, we should give administrative person the right to resist, and guarantee its legal status by constitution and law. The full text is divided into five chapters:The first chapter"the outline of the administrative right to resistance"; It elaborates the concept, characteristic and difference from the correlative concepts, analyzes the developing history of domestic and foreign. It makes us understand its history and implication.The second chapter"the rationality of the administrative right to resistance"; It concretely analyze its basis of constitution, theory and practice. We analyze its constitutional foundation on the theory of people's sovereignty and of natural rights, say that the invalid administrative act is its basis, explore the function to us in real life and tell us the necessity to use.The third chapter"the execution of the administrative right to resistance"; It comprehensively analyzes and some aspects of it, such as its object, principle, ways, results and limited time. It makes us understand profoundly its implement. The fourth chapter"the difficulty of the administrative right to resistance"; From the present situation of legislation and practice of it in our country, We can know the difficulty that the administrative right to resistance faces. For example: the resistive object's limit is unclear; it isn't accord with the force administration, there is lack of the invalid Legal proceeding, and the disadvantages of responsibility and so on.The fifth chapter"the construction of the administrative right's system"; It analyzes the present of legislation, makes us understand the deficiency of our laws on the invalid administrative act and the administrative right to resistance. And it tells us the difficulty that it faces in our country. From them, we should search some ways to solute and carry on constructing the system of the administrative right to resistance.The administrative right to resistance is one way of resisting the abuse of the administrative authority. It resists the state power by the rights of citizens, gives us the power of the people, and causes the right of citizens to exempt the infringement of the invalid administrative act. At the same time, it also urges the state power to execute effectively, realizes the protection of the citizen's right, and prompts the law construction of social government.