On The Rights Of Private Parties

Since the 15th meeting of the Communist Party of China, "rule by law" is well known. We have the idea that the people is the subject and the object is the country of "rule by law"'. The traditional power (legislative power, judicial power and administrative power) play great role in society life. The administrative power is connected closely with the life of people for its nature. The administrative power should be under manipulation and supervision, so "administer by law" is one important aspect of "rule by law". With the establishment of "welfare state" and expansion of the administrative power in modern society, the administrative power will influence every aspect the life of people. The life of people could not be separated form administration. All of these produce contradiction between the administrative power and the right of private party. The administrative power is the means of administration and the right of private party is the object. The strengthening and improvement of the right of private party is one important aspect to supervise the administrative power and restrict power with right.In recent years, with the strengthening of the belief "administer by law", the research of administrative law get great achievement ,but the fundamental theory still at a lower level compared to civil law and criminal law, in that there is no agreement between them. This is because the study on administrative law in China started late. In the aspect of the right of private party, the theories of the experts differ greatly, having different opinions on types, properties and scopes of right. According to the above conditions, the author made full research with reference to the previous theories and drawn her own conclusion. Starting from the right, the author redefine the right of private party and do thorough research on several important the right of private party.The article explores the concepts and theories in the administrative law from the perspective of private party in the administrative process. It has defined the concepts and the types of private party, analyzed some issues of the rights of private party, such as their origin, nature, content and types. This paper is made up of preamble, conclusion of the speech and two parts of the text. Main content is as follows.First, preamble part. It point out the subject of this paper. The administrative power must be carried out with the restriction of law. In addition to the legislative power and judicial power, the right of private party can also supervise and restrict effectively the administrative power and administrative organ. The right of private party just is the powerful weapon for supervision and restriction. We must pay attention to the protection of the right of private party.Second, the first part of this paper is the definition of the right of private party. The author compare the difference between the right of private party and other similar rights, then define the intension and extension, and analyze the feature of the right of private party and the importance and the basic ideas to protect the right of private party.Third ,the second part of this paper make deep research on several important the right of private party.Forth conclusion. The conclusion is conducted based on the analysis above and further consideration is made.