Research On Act Of Private Party In The Administrative Process

The act of private party in the administrative process is a field which needs further study on the subject of administrative law and the subject of administrative litigation law. When researching concrete administrative act or the responsibility of administrative law such as administrative punishment, administrative enforcement and so on, the act of private party in the administrative process maight be concerned. It is a shortcoming of administrative theory to neglect the research into the act of private party in the administrative process. This situation causes that it is not one of the angle and clue of the research into the administrative law. Private party in the administrative process only finds the interests basis and the return of his own interests in an irregular way, and it also makes the act of private party in the administrative process play a weak part in the entire administrative law system.This article explores roundly and systematically some fundamental aspects of the act. It establishes initially the framework and the system of the private party's act in the administrative law and discusses the relevant problem about the vilidity of the act.The thesis consists of four chapters.Chapter I is the conceptual analysis of the act of private party in the administrative process. Private party in the administrative process is the premise of the act, therefore, the article firstly introduces the concept of private party in the administrative process. The concept is the foundation that constructs the act of private party in the administrative process. The article analyses the problem from the aspects of the legal attribute, the attribute of branches of law and subject attribute, and obtains the definition of act of private party in the administrative process: In the administrative process , it is all the act of private party in the administrative process that has administrative law effect. The second section introduces the constitution and classification of the act of private party in the administrative process. The act must meet certain requirement including the subjects, contents and forms. The act of private party in the administrative process includes four categories as the act that administrative law prohibites, the act that administrative law rewards, the act that administrative law authorizes, the act that administrative law orders.Chapterâ…¡is the structural analysis of the act of private party in the administrative process. This part constructs the prospect of the act from four dimensions as the national condition and tradition, the rationality and non-rationality, facts and rules, rights and duties, it describes the act of private party in the administrative process for a time. The first section introduces national condition and tradition are the environmental factors of the act of private party in the administrative process. For reducing affects of the environmental factor, it should be paid attention that the sentiment relation must practically be cut off, the unofficial system must correctly be treated, the administrative theory must be clung to its duty. The second section elaborates regulations and facts are the basis factors. The third section introduces rights and duties are entity-factors of the act of private party in the administrative process. Private party's rights may divide into the entity rights and the procedural rights. The fourth section elaborates rationality and non-rationality is the determinant factor of the act of private party in the administrative process. The private party 's rationality in discovering information, hiding and seeking information plays a decisive role. The rationality is the key to form right-duty condition.Chapterâ…¢is the process-analysis of the act of private party in the administrative process. This part studies the dynamic performance of the act. The first section analyses the structure of administrative process from the administrative process period, the administrative process procedure, the subject of administrative process. The second section introduces responsing rule between private party in the administrative process and administrative subject. The main significance of responsing rule lies in providing anticipation of the acts, and establishes one kind of relation between the behavior and the result. The rule mainly includes indicating opinions, listening to opinions , recording, deciding by dossier. The third section introduces private party's right-duty stable state and its dissimilation. Private party's right-duty stable state may be described like this: private party's rights and duties is the most greatly possible consultation, it is the agreement after subjects mutually responding, and it obtains the anticipating right-duty increment or forms new right-duty condition that is bigger than the original. The fourth section introduces the flawed act of private party in the administrative process. It mainly includes disagreement, incomplete disagreement ,when the act ends.Chapterâ…£is the validity-analysis of the act of private party in the administrative process. The first section elaborates the act is helpful to restrict administrative power. On the one hand, the act may control discretion .On the other hand, the act may hinder illegal power . The second section elaborates the act is helpful to enhance the acceptability of the administrative act. Firstly, the act of private party in the administrative process is the process of supervision to the administrative act. Secondly, it may dispel the tension between the government and the people. Thirdly, it is helpful to communication between private party and the administrative subject. Third section elaborates the act of private party play a binding role in the administrative subject. The private party legally acts according to certain legal consequence, thus it can form the specific restraint to the administrative subject. There are several kinds of concrete manifestation: Firstly, for the act that private party requests entity rights and interests in the legal urgent situation, the administrative subject must respond immediately and make the decision. Secondly, the act that private party requests procedural rights may cause mutual procedural legal relationship, because the administrative subject has the duty. Thirdly, private party and the administrative subject both act as to direct administrative relationship. The fourth section elaborates the act of private party in the administrative process has the function to perfect administrative legislation. Firstly, the act is helpful to the scientific establishment of rights(authorities) and duties (responsibilities).Secondly, act of private party may take the examinating and the appraisal standard of administrative legislation. Thirdly, act of private party is helpful to the confirmation of value-orientation of administrative legislation.