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Chief Relative To The Rights Of The People The Program

Posted on:2008-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J LingFull Text:PDF
GTID:2206360215950394Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the modern country ruled of law, the private parties'procedure rights can receive certain degree protection, which give credit to a great extent the procedure government by law. To say like that, the private parties'rights and interests safeguard, in some way, is the procedure government by law sideline product. The private parties ' legitimate rights and interests include entity right and procedural right. The entity right relies on the procedural right safeguard, which lacks the corresponding procedure right the entity right possibly only is in the law"the bounced check". When the entity right receives the violation, what does the administrative relative person have to defer to the way, the step, and the form to exercise these rights? On the other hand, these questions request us to have to exercise from the right with the realizing angle treat the private parties'right, namely administrative relative person's procedure right. On one hand, the procedure rights of private parties can protect the rights and interests of them; on the other hand, it can limit the exercise of administrative power.This paper was totally divided into five parts. In the first chapter, the author elaborated the value, ways and contents of research. In the second chapter, the author detailed introduces the concept, value and function of private parties'procedural rights, and analyses the legitimate base of private parties'procedural rights. In the third chapter, the author compares to analyze the private parties'procedural rights of the Two Legal System and conclude what we seek from the common characters of Two Legal System. In the fourth chapter, the author introduces the Litigation existence of private parties'procedural rights in China and states the posing problems and reasons. In the last chapter, the author in point suggest that we should adopt the model, the principles and litigation model of perfecting private parties'procedural rights in China, and put forward suggestions to hearing, open administration-consultation and withdrawal to perfect the private parties'procedural rights.
Keywords/Search Tags:private parties, procedural rights, hearing, open administration-consultation, withdrawal
PDF Full Text Request
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