The Study On The Right To Statement Of The Administrative Relative Person

Nowadays ,in the construction of the society ruled by law, the importance of legal procedures has become more and more known by people. Procedure law gives the administrative relative person numerous procedural rights. Among these procedural rights, the author try to take the right to statement as the breakthrough point, and analysis its significance. The right to statement of person is an important part of procedural rights, and its history is not long, being in the trend of transforming from the substantive to procedural and from general to individual right. It embraces the values of protection of human rights , enhances the status of administrative procedures , represents administrative justice and harmonizing administrative relationships. The theory and practice doesn't pay much attention to study this right. This paper is divided into five chapters.The first chapter basically introduces the definition and the theory of administrative counterpart have locus standing administrative counterpart academic concept, classification, nature, and its related rights have locus standing in the comparison of further clarify its connotation and the extension.The second chapter basically introduces the function of administrative relative have locus stand, theoretical foundation and the meaning of life. Specific illustrates the source of jurisprudence, have locus standing constitution, the theoretical basis of administrative law, and points out the rule of law in administration have locus standing in what human rights and procedural justice and harmony between the administrative laws aspects of value significance.The third chapter basically examines the relevant administrative relative person have locus standing legislative regulations, recite Germany, Holland, Portugal, Japan, Britain, the United States and other relevant state regulations, have locus stand, it is concluded that the comparative study of China to establish the system of operation have locus stand for reference.The fourth chapter in China have locus standing administrative counterpart pointed out the problems, including lack of clear concept definition, legal regulation scattered, provisions and executive level, and analyses the disjointed exercise not have locus standing full system and ideology reasons.The fifth chapter puts forward protection concrete countermeasures have locus standing administrative counterpart, respectively from the legislative, judicial and administrative law enforcement level unfolding.