Chief Relative Right Of Resistance

Private Party's Right to Resistance of Administrative Actions (PPRR) , which is vested in the private party by the administrative law, is a right to disobey administrators' orders just on the spot. In essence, PPRR is of a kind of legal exemption from the responsibility resulted by impeding administration and of a kind of defense with procedural measures, and it deals with essentially the puzzlement that whether every administrative order should be respected and enforced voluntarily by the private party. As a new approach to remedies besides ordinary ones such as Administrative Reconsideration and Administrative Litigation, PPRR is a good resort which affords instant help of the on-the-spot kind other than the delayed relief of the after-the-event kind. Besides its function of remedies, PPRR on its counter part forms effectively a defensive force to restrict and balance the wielding of power. The author of this thesis does not stay on the basic level of understanding of PPRR, but goes further from the static perspective to the operational perspective from which PPRR is reviewed in a consecutive course. Not only does PPRR free the private party from the responsibility of impeding administration, but it also keeps the administrative unit in a state in which it is questioned and its administrative actions are disputed, hence in which the ordinary model of "order, then obey" is broken and a procedurally counteractive mechanism is supplied to the private party to communicate, bargain and negotiate with administrative units. This mechanism facilitates the participation by the private party in the process of administration; hence the brilliance of democracy is intensified. The balance is attained in the counteraction between the rights of the private party and the power of administrative units in the process. This thesis holds that the main value of PPRR lies in the fact that it effectively provides instant help and a counteractive procedure of bargaining.This thesis goes into four parts:Part one deals with the general points of PPRR including its essential connotations, features and its theoretical and practical significances.Part two analyzes the jurisprudence basis on which PPRR is theoretically established from the perspectives of the limit of the Validity of Presume-legal, the theory of Invalid Administrative Actions and the principle of participation by the private party in the process.Part three goes to practical enactments of PPRR in China with a survey of examples in our legislation. Meanwhile, some problems existing in practice are analyzed.Part four concludes this thesis with an effort to improve the PPRR system with the aim to facilitate the practice of PPRR.