A Study On The Related Party Of Administration In The Law Ruling

The further development of administrative law and the legal system being perfected need to constantly innovate the basic concept of administrative law and system .Traditional theory of the Administrative law thinks that the subject of administrative legal relationship is only constituted by administrative subject and administrative counterpart, in theory and in practice, therefore, focus only on these two concerns and research, and long-term neglect of the administrative legal relationship of the other main part——the related party of administration. The traditional administrative law theory is related to the related party of administration included in the scope of the administrative counterpart, but the theory were not aware of such principal and the relative who, in essence, is different, the related party of administration is an independent main , have their special interests, values and interests of security demands. The lack of theoretical research also led to the practice of stagnation, the related party of administration in real life the legitimate rights and interests of the main body of relief but no channel against the phenomenon not uncommon, therefore, must establish the concept of related party of administration, legal status and improve the relevant legal system, which is also the rule of law and the inevitable demand of administration according to law. This article from the following aspects related to the related party of administration of a specific analysis and on.First, in order to enhance the relevance and usefulness, this actual case studies from the start, the contrast of the legal system at home and abroad, by the related party of administration in this concept of administrative law, to define its scientific connotation, and a clear distinction between the related party of administration and the administrative counterpart, the third party of administrative litigation, compared to grasp in real terms.Second, the legitimate rights and interests of the related party of administration related to the effective protection, must be established administration's main legal qualifications, but the incidental, uncertainties and other basic characteristics of the related party of administration, making them the main legal qualifications to become established a very complex theoretical and practical issues. This paper from the related party of administration to establish the legal qualifications of the main theoretical basis of that administration were the main legal qualifications to establish a strong Constitution, Administrative law, Sociology, Economics and other disciplines theoretical foundation, described the main legal qualifications of the related party of administration established the basic principles, namely equality and reasonable principles, the principle of participation and procedures, the principle of balancing the interests and principle of effective relief, in order to enable the legal qualifications of the related party of administration to establish more operational, the paper pointed out that the criteria of establishment: should be consider existence of rights and interests, administrative actions and the existence of causal relationship between the existence of the terms, for the purpose of establishing the legal qualifications of the related party of administration, it has provided the main basis for eligibility.Third, the rights of the related party of administration and their protection is my focus. Administrative law for the current academic research related to their rights is still relatively simple, not only a small number, form a single, but not enough in-depth content, and the rights related to the frequent acts of the executive is an indisputable fact. On the rights of the related party of administration to seriously in-depth study and propose specific strategy for the protection and development of administrative law is the inevitable requirement. This article related to their rights of the positioning point of view, how to grasp the meaning of rights of the related party of administration, and the rights of the administrative counterpart comparison, to do an in-depth analysis and study, and the rights of specific types and to sort out that the rights of the related party of administration, including not only the substantive rights but also the procedural rights. The complexity of administrative actions, led to the administrative actions against the legitimate rights and interests related to the diversity of circumstances, these circumstances is unlawful administrative acts, administrative omission and administrative acts of the change, repeal or invalidate. Therefore, this final view of these circumstances and the infringement of China's current legal system deficiencies, on ways to protect the legitimate rights and interests of related party of administration related to a more detailed system design, not only must be clear that the related party of administration in administrative procedures related to the status of the parties, establish and improve administrative issuances, administrative hearing, administrative openness, administrative avoidance, giving reasons , and other procedures system, but also clearly related to the relief process in the dominant position, establish and improve administrative reconsideration, administrative litigation, the administrative compensation and administrative indemnity, and other related administrative relief system, with a view to China's administrative legislation to provide the relevant information so as to achieve the ultimate goal of all-round protection of the legitimate rights and interests of the related party of administration.