Balance Of The Rights And Obligations Of Administrative Relative

Administrative relative (or relative short) is an established term, in terms of both theories and formulations of administrative law. As the main areas of administrative law, it's both the bearer of obligations and beneficiary of rights in the administrative legal relations. For administrative law, the problem, the relationship between rights and obligations of the administrative relative, is an important theoretical issue. The dynamic study of the rights and obligations of administrative relative is the starting point of this paper, and I've tried to analyze the cause of the imbalance between rights and obligations of administrative relative. Base on these studies, I investigated the countermeasure of how to return balanceThere are four parts in this paper in all.The first part introduced the performance of the imbalance of rights and obligations for administrative relative. They are the imbalance in the relative number of rights and obligation, the imbalance in the rules regulating, the imbalance in the protection mechanism.The second part analyzed the cause of the imbalance. They are the legal tradition, the constitutional system, the improper setting of the main obligations of the executive relations, the legal philosophy and legal Culture. The third part expatiate the content of the balance of rights and obligations for administrative relative.It is reflected in such areas as the reciprocity of rights and obligations on the total, the complementarity of rights and obligations, the operation of rights and obligations and the interaction between the protection of the rights and obligations.The fourth part put forward the countermeasure. They are the reconstruction of the relative rights of the executive system, the introduction of the executive creative power, the administrative regulation of relative rights and obligationsBased on the research paradigm focuses on the theoretical study and practice of combining study, three main expounded current situation, namely the administrative relative performance and reason of unbalanced, including the rights and obligations of the connotation, the final balance is put forward to solve counterpart foothold, the rights and obligations of the imbalance.