Study On Procedure Rights With The Administrational Counterparts Within The Balanced View

The procedure rights with the administrational counterparts is the one that has been set to the public in the course of the administrational procedure be the lawsuit. As well as the manifestation of the protection to the administrational field. In the study of the relative theory, excessive management as well as excessive right control are both inappropriate, while the balanced view on the rights and duty to the administrational body and the actual manager will be the basic idea. The contemporary lawsuit in the administrational right here in China has paid great attention to the aspect of help and the study on the procedure rights is also in research stage. So called procedure right- which is the right has been set to the public in the course of the administrational procedure to restrict the power of the lawsuit government so that the right of the administrational relative body can be protected, the content of it ranged from the right of attention, comprehension, statement, petition, refusal to the right of applying restatement and so on. By contrast, the lawsuit in the field of administrational procedure in China is still laggard comparing with those developed country due to the traditional management of "corporation first, procedure second" .Administrative law's development is certain necessary to improve the procedure rights with the administrational counterparts in our country. At first , we'd enhance the consciousness of the public, and also we'd rectify the designation of the current administrational procedure; in addition, we'd strengthen the supervision of the administrative rights, establish the uniform administrational jurisprudence, and as soon as draft an unified code of administrational procedure. The law gives the procedural rights to administrational counterparts to join the administrational act and restrict the administrational rights, in order to let them get a position that is opposite and equal. On the basis of it, the balanced view demand the protection of civil rights both and the administrational efficiency .One of the purpose of administrational rights is to achieve and protect the rights of administrational counterparts ,in order that the reasonable administrational decision, the validity and the objectivity of the attendance can be consolidated in great degree.Only by doing all this can we achieve the goal of respect human right, protect human right, and it will also be one of the most grand aim in the field of administrational procedure legislation, with the improvement of the lawsuit in this realm, the progress of the construction in the field of administrational procedure legislation can be greatly speeded and will meet a magnificent future.