On Administrative Compulsion Relative Person Rights And Interests Safeguard

This article mainly discusses the more chaotic and the more innovative area of the rights and interests safeguard of administrative compulsory relative in china. At present, there has been a considerable controversy on the research of administrative compulsory action and there has been also a great lack on the right affects of administrative relative person. In this background foundation, the article proposed that between the administrative compulsory subject and its relative person should be on the each properly side of the balance, especially the administrative compulsory subject, must not be exceeded, only like this can cause the relation of administrative compulsory subject and its relative person on the harmonious condition. First, the article systematically combed the concepts and connotations of the administrative compulsory, the administrative relative person, and the administrative compulsory relative person, stated the concrete contents of administrative compulsory relative person's rights and interests and the concrete state of which caused by administrative compulsory action, and analyzed the essential reason that caused this present situation. Subsequently, after having analyzed the great practical significance of safeguarding the administrative compulsory relative person's rights and interests, furthermore, analyzed the theory basis of strengthening the safeguard of administrative compulsory relative person, from the angle of human rights, democracy of the legal principle theory of law, from the angle of administrative compulsory legal relationship of the administrative law. Timely introduced the concrete way of how to safeguard the administrative compulsory relative person's rights and interests in the US, Japan, and Germany, then suggested that we should use for reference the aspect which is benefit safeguarding our country's administrative relative person's rights and interests, and improving our country's administrative compulsory system. Finally, to the environment of this administrative compulsory and the problems which is existed in this system, the author has constructively proposed some measures that strengthened in safeguarding administrative compulsory relative person's rights and interests.