On Right Of Resistance To Administrative Acts

The relative resistance of the people is the relatively ineffective administrative actions enjoyed by the legitimate disobedience and refusal of the procedural rights, the right is an important mechanism for restraining power, in accordance with the right of initiative, mandatory, and the expansion of habitation formed after abuse of the characteristics, given the relative resistance to it is particularly necessary as well as the relative in an emergency, the emergency situations of self-interests in an important way to effective protection. Montesquieu in the "spirit of the law", a book that talked about "the people have the power to exercise their powers until the encounter with the limits of the only places to stop." Therefore, the relative resistance to the introduction of the system is the power of alienation critical point.In a modern society, the constraints on the exercise of power and control is a more complex system, and includes the power to check powers, the power to legal constraints, constraints to the right and moral authority, such as an important mechanism for restraining power, given the relative resistance is the right relative to the right to an effective restraining power mode, in addition to this model relative to the effective protection of the legitimate rights and interests, raise awareness of the rights of citizens is conducive to the release of the rights of the 'energy', can achieve its ultimate power to the public effective supervision. Marx once said, "People are fighting for all these related with their own interests." Participate in the supervision and oversight of the main different purposes, the difference between intensity and state organs, and supervision is to balance public interests and personal interests, because of their oversight of the executive power and their own interests are not directly related, hence its oversight of the executive power on greatly reduced, and the executive power relative to the control and supervision of its own interests are often directly related to, and specific administrative process, and relative to the administrative authorities are often conflicts of interest exist, and this determines the relative of the the supervision of the executive power will be the most to, is the most thorough, so from this point of view, given the relative resistance of the administration will play a role can not be discounted, is a "double-edged sword."At present, the relative resistance to the idea had been accepted by the majority of countries, but as a relief privacy of the individual in practice or difficulties, be strictly limited, the paper is in the combination of theory and reality on the basis of , the relative resistance in the overall context of the right to explore, by a total of three parts.The first part "of the relative resistance overview," In this paper, the relative resistance starting with the origin of the right of the resistance to the West and to resist China's ancient system of review and the right to organize, the right to resist the historical development of a more clear threads in this section relates to a number of major Western renowned jurist and philosopher of progressive thinking, such as the "natural rights", "popular sovereignty," "freedom, equality" concept, these are the Enlightenment thinkers in the field of vision to find the traces of ideological resistance to the transition to modern Western period, the authors focus on the history of the development of resistance to the order, and referred to several well-known during World War II constitution, such as: the Constitution and Senbang , Bremen state constitution, Maerke. Langdon in the Constitution and the Constitution of Berlin. It can be said that the text of these records have witnessed the history of the development of resistance, but also witness the western society to the protection of human rights waves course, is the relative in the administrative body in the field of invalidity made by the act of resistance important sources. I followed the relative resistance to the concept of the right to define, and its similar concepts, such as: civil disobedience, the right to defence procedures, the right of self-defence, making a distinction Finally, the relative role of the function described.The second part of "the relative resistance of the legitimacy of the right", the relative resistance as a right to the autonomy of the power of private relief, in practice the exercise in the level there is some controversy, although resistance to the idea of staying vitality, but has never gained a clearer explanation, as Western scholars have pointed out, 'In recent years, "the right to resistance" and the concept of "terrorism", is often misused. Therefore, how to understand the relative resistance right? The relative resistance to what is the right? In the breakdown of the existing power structure and power relations in the original pattern when faced with the situation? To get the answer to the question above, to find the right relative to the legitimacy of resistance is essential. It is from this starting with the above problems, from the Philosophy of Law, Constitutional and Administrative Law in the three areas to find its legitimacy based on a reasonable basis, which involves the utilitarian theory, value theory, natural rights theory, national sovereignty and basic human rights theory, the theory and invalid Dingli administrative acts and other theories, including the theory of public Dingli interpreted as the focus of this chapter, because of the relative Dingli theory is the right of resistance under one of the important, the behavior of the public is not only a basic Dingli principles of administrative law, but also by a large number of administrative law norms comprehensive embodiment of the spirit of the administrative law, its support for a series of rule of law, so it is relative to the possibility of invalid administrative act smooth implementation of the key to its resistance Therefore, in this part, the author focus on the core principles of Dingli point on, which mainly relates to the theoretical basis of Dingli, such as "self-confident that", "Law said," and the "vested rights", but also Dingli is the theory in the academic field of administrative law schools, including "limited public Dingli said," and the "full public Dingli said," and the public Dingli theory in the field of administrative law for the future, here referred to the principal legal circles on the officially of the question. For administrative acts invalid theory is also the focus of this chapter because it is relative to the implementation of the direct targets of resistance, but also relative to the implementation of the resistance has the right to the legitimacy So, in this section, the main author of the act invalid The concept of classification and characteristics of the different aspects of attribution, respectively made a detailed statement.The third part of "the relative resistance of the exercise of the right conditions and system protection", in this chapter mainly by the relative resistance of the right conditions, the status quo analysis and protection system consists of three parts, and in this chapter, the author is China's combination of the relative resistance to the theory and practical basis, the relative resistance to the idea of the right system. First of all, from the relative resistance of the main target and the face of the way the tripartite resistance relative to the exercise of the right conditions described Secondly, based on the relative resistance exercise of the right to pre-set conditions content as a condition, thus China the relative resistance of the current status of the right, finally, in light of China's current administrative relative to the legislative level and in the concrete practice in the level of the difficulties faced by the relative resistance of the right to the protection system a few superficial proposals with a view to the Construction of the relative resistance to the harmonious development of the system make some modest contributions.