On Resistance Right Of Administrative Counterpart

The resistance right of administrative counterpart is a private relief way, which means if administrative acts are invalid, administrative counterparts have the right to resist them. As administrative reconsideration and administrative litigation, the resistance right of administrative counterpart is a new remedy .At the same time,it will constrain the supervision of illegal administrative acts. The article include introduction, main part and epilogue. The main part is divided into five sections.Sectionâ… "The outline of the administrative resistance right". We draw out the concept by analysis. The theoretical basis of the administrative resistance right is profound. The resistance right has its own characteristics. It has big differences from constitutional resistance and the normal legitimate defense. The development history is also complicated.Sectionâ…¡"The execution of the administrative resistance right in China". The execution principles should include these: legality principle, passive principle, proportional principle and good intentional principle. It is important to distinguish administrative resistance right from violent resistence.Sectionâ…¢"The present legislation of the administrative counterpart's resistance right in China". There are some law about the administrative counterpart's resistance right, but far from satisfactory.Sectionâ…£"The construction of the administrative resistance right's system"The article try to construct the administrative resistance right's system perfectly. The construction is based on the criterion of invalid administrative acts, the responsibility system of administrative counterpart and so on.Sectionâ…¤"The significance of construction the administrative resistance right's system". This part expound the significance to the rule of administrative law in theory and practice.