Administrative Planning Interested Parties Protection

With the development of the concept of administrative law, gradually in our country management-oriented administration shifts to service-oriented administration. The legal relationship is not a product of the executive's control, but is a result of the role between the executive and the correlative person. As a new and special mode of activity, administrative plan is widely used in economics and society, and it performs outstandingly the interaction between the executive and the correlative person. In the complex legal relationship of administrative plan, many interests are intertwined, and an interest of one side often involves others' in the protection and realization. Especially it is the community impact and coordination between the correlative person and the executive which respectively represent the private interests and public interests, so it is an inescapable contradiction to administrative plan. As the plan has features of discretion,changing, and in practice a large amount of administrative plans are divorced from law, and are lack of legal constraints. In recent years, the abuse of plan power leads to many disputes about house demolition,land expropriation, as well as flagrant violations of interest rights. Therefore, the regulation to administrative plan and the protection the rights and interests of the correlative person, not only are the objective requirements of building the government in rule of law, but also are the due meanings of the status' upgrading and the rights' expanding.While on the basis of the results of previous studies, but the dissertation does not follow along the predecessors' thinking too much. In the protection of the rights and interests for the correlative person of administrative plan, it standardizes administrative plan, and promotes the legal system of plan through improving of the protection system of the correlative person. I hope to play an effective example. The structure of this dissertation is divided into two articles, and it includes six parts:The previous article is about the basic cognition of administrative plan and correlative person. It is the basic level and it foreshadows for next text.PartⅠ: Accounting to the complex situation of understanding plan in domestic and abroad, it analyzes the concepts of administrative plan, and defines plan in actors,statutory mandate,purpose and legal significance, and puts forward my view. Further it analyzes plan's nature,features.PartⅡ: It briefly describes the correlative person. Now there is no integrated and exact meaning of the correlative person in domestic administrative area. Combining of administrative plan, it defines the legal concept of plan and elaborates from its connotation and extension. It judges the "interest relation"-the interests should being protected by law, and analyzes its elements of composition in-depth.PartⅢ: It mainly introduces the significance in the protection of the rights of the correlative person. First, because of the existence of multiple interests and weighing between public interests and private interests, and impact of the distribution of interests in two-way, it damages the private interests of the correlative person. It becomes the connection point. Secondly, from the perspective of the executive-the transformation of government functions and the government's construction in rule of law, as well as the correlative person-the upgrading of its status and the right constraints and cooperates the administrative power, it demonstrates practical significance of the protection of the rights and interests of correlative person.The next article proposes the system concept of protection the rights and interests of the correlative person, and mainly conferred rights to the correlative person. This is the result and focus of the dissertation.PartⅣ: It excavates the main hinders for the protection of the rights of the correlative person. It provides breakthrough for the construction of the system. Because of the various adverse factors including the malformed concept of the rule of law,the backward of the theoretical study and the lack of system, the development have be hampered in the protection of the rights and interests of the correlative person. They must be removed as soon as possible.PartⅤ: It discusses the procedural safeguards of the rights and interests of the correlative person. The plan discretion is the core of plan. The plan discretion closely links with the due process, and should runs in the due process. The existence of procedural right also has important values - the value of service and the value of independent. With the corresponding plan procedures, rights are given to the correlative person, such as the right to information,the right to the hearing, and could provide more fully protection.PartⅥ: It proposes the judicial safeguards of the rights and interests of plan to the correlative person. As the special nature of plan power, it exists the controversial about the possibility and the scope of the judicial review in theory and practice. But according to the separation of powers in framework of the modern constitution, and the "last line of defense" for the correlative person, it is not to be ignored to give the right to judicial relief. Therefore, it becomes an inevitable choice that the plan will be incorporated into the judicial process for being supervised effectively.In the dissertation, it uses a theoretical analysis,inspection practice and comparative study of combining methods. TheⅠ,Ⅱparts analyze the supporting concept of administrative plan and correlative person in theory. TheⅢ,Ⅳparts mainly discuss the significance and obstacles about the protection of rights and interests of correlative person through the theoretical and practical study. The comparative study is embodied in theⅤ,Ⅵparts. They improve our relevant system by foreign experiences. Of course, some typical cases are also analyzed, and it makes the dissertation more substantial, and it is not a mere formality.