On The Protection Of Administrative Relative Person 's Right Of Choice

The meaning of the existence of human being is option, which in essence represents the right of oneself. The option is the expression of the fundamental rights of citizens. In public administration relation, the option of administrative counterpart is the basic form of administrative participation right. The features of the option are natural and distinctive, and the exercise of right is the reflection of "the sovereignty of the people". Because of these features, the protection of the option of administrative counterpart is the reflection of "hand state power back to the people", and the positive exercise of good governance. The protection of the option of administrative counterpart takes an active part in processing democratization, restricting the expansion of administrative power, promoting the public administration reform, and optimizing the allocation of social resources. In the practice of public administration, it is ubiquitous that administrative counterpart exercises the right of the option, and the exercise generates favorable social effects. However, in both educational circle and active norm of law, the option of administrative counterpart lacks enough attention, which leads the lacking of the concept, the system, and the strength in its protection. The reasons are both subjective and objective, for example, consciousness vacancy of administrative counterpart, and the restriction in technical factors. The perfection of the protection of option of administrative counterpart should start with the construction of the subject, the system of law, supporting system, etc.This article is divided into four parts. In the Introduction, the author would raise of the question, analyze the current situation, and introduce the methods and frame of the article. The Second part is discussing the intension and protection value of the option of administrative counterpart. In the process of intension analysis, the author starts with the definition of the philosophical concept of option, then expands to the fundamental rights of citizens and the participation rights of administration, then figures out the features of option, and finally concludes that the option of administrative counterpart is the balance power of discretion of administration. In the analysis of protection value, based on the theories of good governance, democracy, and free economics, the author analyses the three kinds of values of the protection of the option of administrative counterpart-promoting the progress of society, improving the environment of public administration, and optimizing the allocation of social resources-by applying both the normative and empirical analysis. The third part discusses the current situation of protection of option of administrative counterpart, including the protection practice, condition, defects and causes. In the consolidation of the protection practice, classify the selection of the administrative organization, administrative procedure, and the result of administrative process. The Fourth part discusses the perfection of protection system of the option of administrative counterpart and raises suggestions about the perfection, including the construction of subjective, legal system, and supporting system.