Comment On Relatively Square Administration Resistance Right

Public is fixed be considered being a fundamental aspect of administration behavior effect strenuously , is is that administration behavior restrains a force once being founded, disregarding legal or not , deducing that be legal and having. Be just to mean , once one make owing to public authority administration behavior deduce that namely for effective and having to restrain a force. Even if to a administration breaking the law , encroaching on gravely to relative method, behavior , the relative people can only obey. Do not hesitate to there be after the event relieved means , do not let relatively square lawful rights and interests be "encroached on legally" , cannot get due , timely relief also sometimes.Being able to have an effect in time protects relative for protecting administration square lawful rights and interests , ought to give administration to relative method (especially from the force fighting against right relieve complete). But, the active most legal department has all stipulated that the citizen is facing "the right endangering " time immediately ought to enjoy saving self "immediately", for instance , justifiable defense right in corporal punishment. But the administrative law is a independent legal department but the administration not giving whose legal relation to one of interested party is relatively just certain save self "immediately" right, relative method can only choose "unrighted wrong waiting for relieving self lawful rights and interests coming snow " , administrative reconsideration or administrative lawsuit being waiting for after the event to the lawful rights and interests being encroached on soon. Full text divides into four chapters together."The boundary fighting against relatively just right's fixes the first chapter administration": Seal has set forth the definition fighting against right's and nature attribute fighting against the legal principle basis, and administration that right background coming into being , administration resistance right produce. Entering a pen first from the foreword , drawing forth the background fighting against the right creation's, is that the resistance right being hit by the Western countries produces a course of history mainly , the boundary analysing administration fighting against the legal principle basis that right produces , fighting against weighing up concrete definition and nature being in progress finally to administration fixes and then.Second chapter "administration the realization fighting against relatively just right's and their value ": Seal the condition fighting against relatively just the right realization to administration, realizes value carrying out analysis. Have analysed the condition coming true first , have included premise condition , have ensured condition , have restricted condition mainly; Have analysed the value coming true secondly , have been relative specifically for the administration main body , administration method mainly , have perfected several aspect Er Yan 's as well as the supervision to the administrative power is machine-made.Right legislation third chapter "our country present is fought against relatively just to administration and put current situation into practice analytical ": Analytical our country of chapter fights against relatively just the right legislation current situation currently about administration and there exists problem, and our country are current the current situation fighting against relatively just the right putting into effect about administration and have the problem. Introduce the regulation that a lot of our country law documents weigh up at present to administration resistance first, again analysis have problem. Introduce administration secondly as well as the current situation fighting against right putting into effect in our country having the problem.Fourth chapters "perfect our country administration fighting against relatively just right system suggestion ": The chapter faces mainly tier from the notion , legislation tier of face work analyses capital. Depend on a notion first tier, the main body changes `administration privilege concept' on the surface, to administration , relative to administration method strengthens thinking right mental consciousness; Secondly secondary legislation tier, make the content stipulating the basic fighting against right's clear in relevance procedure law , apply to a premise , exercise way (consulting relevance abroad on the surface, legislation) , building-up relevance guarantee mechanism, relative method abuses the law fighting against right if building administration system of personal responsibility, builds the law system of personal responsibility that the administration main body prevents from fighting against coming true tentatively , system makes appropriate modification and to relevance current laws.Right suggesting that relatively square administration is fought against is really not relatively square encouraging administration "actually" contradict with country administration authority, makes country administration have no way to proceed as planned and without a hitch thereby , is as one of the means ensuring that relatively square lawful rights and interests does not accept specially appointed administration behavior encroachment but,also makes country administration further democratizing, harmonious -rization.