Research On The Interest-damaged Administrative Action

The interest-damaged administrative actions as a measure which can best embody the administrative power and civil rights relations tension, have a direct decisive effect on the realization of related administrative party's own rights. The first section of this paper mainly analyses how to define the concept"interest-damaged administrative actions", and meanwhile explores its theoretical existing space and practical demands. In summary, interest-damaged actions is the concept founded on the analysis of the value to related administrative party. If we focus on the structure of it, it should include following part: the existence of power of interest-damaged administrative actions is the premise; the use of administrative power of interest-damaged administrative actions; the expression of interest-damaged administrative actions; the existence of legal impact on administrative interest-damaged actions. The second part of this paper is to introduce the basic principle interest-damaged administrative actions should follow, the principles includes proportion principle, right protection principle and the legal reservation principle. The proportion principle pays attention to economy and efficiency between administrative actions'way and result, getting the best answer by similarly mathematical optimization and combination, and this kind of operation formula, economical and reasonable, which mainly is used to measure the balance between purpose and means, devotions and produce. The third part is to explain the procedure of the interest-damaged administrative actions, and the public procedure, hearing procedure, supervision procedure and the revocation and abolishment. "To have the right, to have the succor necessarily", which is also applicable to interest-damaged administrative actions, and it is also the end guarantee for interest-damaged administrative actions standardized that interest-damaged administrative actions relieves turn ruled of law. The author analyzes a few circumstances on violating the rights of interest-damaged relatives, and induce the valid succor means administrative appeal-accuse system, administrative reconsider, administrative procedure, administrative compensation and indemnifications.