Administrative Proceedings And Judicial Change Right

The administrative law core is mainly revolving "the relationship between the right and the power", especially "the relationship of the administration to the human beings and to the administrative organs respectively " After the appearance of modern administrative law, the separation and restriction in balance of the power, and the protection and the realization of the right, became the key line in the development of administrative law. In concerning with the development of administrative law in China, it has manifested the gambling process between the right protection and the power restriction.In modern China, administering a country according to law has received the unprecedented attention. While we have made certain progress on legislative work, we should also pay attention to this kind of question: it is short of theoretical construction, and seriously hinders the modernization to carry on thoroughly. That is to say, in the administrative proceedings, there exists the direct confrontation between the jurisdiction and the administrative power. For example, how processes the judicial power and the administrative power relations? What scope do the people court have in administering judicial power to modify administrative acts? In what degrees can the direct decision change concrete administrative actions? About these, the theorists and the operators have the extreme dispute during the course of the formulating administrative procedural law in our country, even after it has implemented, they also have the difference opinion. Because in our country, the difference of the rights of the administrative power and the jurisdiction power is fuzzy, which causes confliction between the administrative power and the jurisdiction power in the development of the law construction in China. On the one hand, it cannot accurately carry on the surveillance of the power in the scope ruled by the law; On the other hand, it cannot safeguard the general administration in concerning with human rights. This will definitely affect the implementation of administrative procedural law and the realization of the previous legislation intentions. Clearing off the relationship...