On Administrative Counterpart Of The Right Of Resistance

Administrative counterpart right of resistance, refers to the right of opposite for the invalid administrative act, limited effect administrative acts and theory about Invalid administrative act are administrative relative's right to resistance existence theoretical foundation, be able to fully enjoy the right of resistance and practical exercise are effective means of administrative counterpart supervise the executive power appropriate running, are the full protection of civil rights and high-level manifestation of the rule of law. Our country has experienced political domination of state authority for thousands of years, traditional thinking which subject to state authority is Ingrained, so established human rights system administrative relative resistance faced with ethical and moral as well as the traditional thinking, and many other obstacles, in China, this will be a long and arduous process, but one hand, we learn from the successful outcome of the theory of practice of various countries, on the other hand we choose absorb and carry forward our traditional culture, to promote this process.Administrative law is a constitutional concrete, the right to resist from a calling type in the Constitution to resistance in the field of administrative law the right Ran into the real state.With the continued rule of administrative law enjoys popular support, administration according to law has increasingly become the era of the government's request. Administrative adjustment of the relationship between the state and its citizens, regulate the relationship between power and the right, between the citizen and the State is clear that there is a lot of imbalance, China's current administrative rule of law, although the continuous improvement, but still need some more comprehensive system to protect the interests of administrative counterpart, can not be very much to the rights and powers to achieve a balance, are not well standardized administrative behavior. For the effective realization of administration according to law, On the one hand the need to strengthen our country's current constitutional system improved, further improve the civil rights protection system, on the other hand should be to strengthen institutional arrangements, civil rights be concrete, strengthen the operational, In order to achieve status which state power and civil rights balances.Whether the relative strengthening of the rights of the executive protection system, or to strengthen the constraints on the exercise of executive power, Administrative relative resistance to the right of all people has a very prominent significance. However, due to the impact of China's traditional political concepts, As well as are not familiar with the concepts to misunderstanding. The relative who makes the executive the right to resist the academic study of administrative law in China is still not mature, legal practice is certainly. This paper focuses on the administration's resistance to a relatively comprehensive analysis of the right introduction, as well as their relative rights and interests protection, the meaning of rule of administrative law and China's construction of related systems for discussion...