On Private Parties' Procedural Rights And Its' Function Of Controlling Administrative Power

Theoretically, we contain the tradition of valuing the substantive rights and disregarding the procedural rights, we usually pursue the entity justice and disregard the procedure's legality. Along with the of citizen rights'consciousness, and with the inflation of administrative power, and with the development of administration procedure theories and the need of controlling of administrative power, the theory of private parties'procedural rights has being developed quickly, and its value of controlling administrative power also has been payed more and more attention.As the rights private party enjoys in the administrative process, the procedural rights helps to realize the substantive right of private party and corresponds to the administrative body's procedural obligation. The private parties'procedural rights mainly include the right to read office files, the right to be informed, the right to equal treatment in process etc. The private part is directly effected by the administrative power , if private part can participate the administration process ,and effect administrative power , thus will get balance between the administrative body and the private party .I t not only can make the private party win dignity, but also can prevent the administrative body from arbitrariness.On the contents, this paper analyzed procedural rights and substantive rights, analyzed relation of the private parties'procedural rights and the administrative power; and introduced contents of private parties'procedural rights ,and analyzed foreign law and Chinese law concerning on it. And we also pay attention to the practical problem appeared in the our country . For the function of private parties'procedural right, this paper introduced private parties'procedural rights to control administrative power .And in this paper we also discussed the path of private parties'procedural rights controlling the administrative power, and its law guarantee. At last we discussed the difficulty exist in the fulfillment.