Reflection Of The Relative Administrative Rights Theory And Forward-looking

The administrator and the administered are two parties of administration. The conflict of their obligation and duty compose of the core of the administrative law. The degree of the right of the administrated which is protected varies in different periods of time and the different treats that they have received through history also reflect the development of Administrative Law. This article aims at having a critical theory on the theory of contemporary Administrative Law ' s Right and reorganizing it.First, the thesis has a critical theory on the base of philosophy of the law of the protection of the right of the administered (i.e. the private party's), pointing out that the existence of the theory for the private party' right which is ignored by heightened administrative power in China has philosophical, political and economic reasons and it is the inevitable phase of the history. Also, the author describes that change of the theory of the private party's right should be consistent in the change of the base of the law of the philosophy with the envelopment of society. Because the ultimate aim of China is to establish the rule of law and a country which is ruled by the Constitution Law, the reorganization of the administered theory of the right must be under of the rule of the Constitution Law so that everything will be done to round the core of the right of the administered. Finally, the author gives his specific thoughts on the reorganization.The thesis is divided into eight parts. The first part [s the introduction, raising the issue, which will be discussed in this article. The second part is the explanation of some fundamental concepts. The third part centers on the origin of the contemporary philosophy of the law in which the administered right is ignored. The fourth part points out that the nature of the theory of theadministrative law has greatly changed, so changed the administrative law must be. The fifth part describes in detail the contents of the right of the administered, which is under the system of the Constitution Law. The next part gives a path for the realization of the protection of the right of the administered. The last part expresses something on how and why the author achieves this thesis.