Relative Person Participating In The Construction Of Administrative Procedural System

Over a long period of time there has existed a phenomena of "Value subject more than procedures"in the development of the administrative law. With the development of the society, the administrative power has get to every aspects of our social life. In the exercise of the administrative power, administrative law scholars and law enforcement officers gradually get to know that the operations of all social administrative powers need to be carried out through particular administrative procedures.In the modern society, the primary function of the administrative law is to protect the human rights. However, Montesquieu said, "There is an experience throughout the ages that all people of power tend to abuse the power." Therefore we need to establish the corresponded administrative procedural system provided there exists the administrative power in the society. Otherwise the exercise of power will be out of control.The rights of the object of the power, i.e. the relative person, can be protected only if we make the power under condrol. That is why the development of the administrative procedural system in modern society attracts more and more emphases.Currently, in the academic circle and practical field,the development and functions of the administrative procedures are being attached great importance to. The relevant reaserch thereof and the legislation work, inclding the Administrative Procedure Law, have made obvious progress.The thesis holds that in all elements of the administrative procedural system, the participation of the relarive person is a must. In this way, the Administrative Procedure Law can realize its basic function of restraining the administrative power and protecting the rights of relative person as well as safeguarding the justice of the administrative procedures. The thesis, "Relative Person Participating in the Construction of Administrative Procedural System," will be demonstrated from four aspects.I."Brief Introduction of the administrative procedure". In this part, first of all, the current study situation regarding the administrative procedures in the domain of the Administrative Law is introduced, and achievements on the study of the administrative procedures in China and western countries briefed. Secondly, the leagal value of the system of administrative procedures is set forth from three points of view: the implications, value and functions of the Administrative Procedural System.II.'The Necessity for Relative Person Participating in the Construction of Administrative Procedural System". Based on the current fruits of the academic study, the thesis defines the implication and legal status of the relative person and thus demonstrates the value of relative person participating in the construction of administrative procedural system.III.'The Concrete Construction for the Relative Person Participating in the Construction of Administrative Procedural System".Proceeding from China's actual conditions and the current situation of the administrative procedural system, the thesis raises the rationality, extend, methods and legal time limit of the relative person participating in the construction of administrative procedural system, as well as emphasizes the legal responsibilities of the administrative subject in violating the administrative procedural system and those relief measures for the relative person.IV . "Legal Responsibilities of the Administrative Subject in Violating the Administrative Procedural System and Relief Measures for the Relative Person".Contents mentioned in this part are indispensable in the construction of the administrative procedural system. Without clear responsibilites of an estalished system, the system itself will just be so much waste of paper.As the main bodies of the administrative and legal relations, the subject and relative person shall all bear their corresponding legal responsibilies for the actions of violating the administrative procedural system. At the same time, when the legitimate rights of the relative person, the comparatively weak party, are violated, relief measures shall be taken and the relief channels shall be futher clarified.