A Study On The Limitation Of Administrative Procedure To Administrative Relative Person 's Rights

Recently, administration following law is a very popular topic. Administrative organization deals with business following different kinds of law and rules, and be monitored by the public. In our country, the lower the position of the law is, the more particular the content of the rules are. It leads that, although rights are prescribed in the upper law, the administrative counterpart can not exercise the rights by the rendered administrative rules, and sometimes the rendered administrative rules may block the rights in upper law in practice. Administrative organization operates the society with using the national public power according to the corresponded administrative rules. In this progress, the administrative counterpart also has the rights endowed by the law. Because of the variety and changes of the social lives, it is very possible that the administrative rules do not correspond, even conflict to the rights which should be owned by the administrative counterpart. In fact, it is not meant when the administrative rules were drawn up, but a certain process with the law from theory to practice. Compared with each other, the upper law is more close to the idealization, but the administrative rules need to be more close to the social lives. We all expect the idealize lives, so we need the administrative rules are not only close to the social lives, but also develop to the idealization, to protect the rights which the administrative counterpart should own, not to impede exercising the rights.This article will discuss the limit to the administrative counterpart, which is occurred by the administrative rules. It contents5chapters. First, it will discuss the resource of the right of the administrative counterpart. Second, it will discuss the process how the administrative rules generate. Then, it will discuss the legality and the rationality of the administrative rules. And discover the reason why administrative rules can limit the rights of the administrative counterpart. Finally, combining with the research result above, discuss the way how to void the administrative rules impede the rights of the administrative counterpart.