The Problems And Countermeasures Research About Human Rights Protection Of Administrative Procedure Law

In2004,"the state respects and safeguards human rights" is established in the Constitution.The protection of human rights have a constitutional basis for the principles of human rights in the constitution of the Administrative Procedure Law.From the principle of protection of human rights in our Constitution, this paper discusses the relationship of the civil rights protected by the Constitution and to the human rights protected by the Administrative Procedure Law.From the view of protection of human rights in the constitutional provisions, we can further improve the relevant systems in the Administrative Procedure Law of China.This paper has four chapters:The first chapter is an overview of the administrative litigation of human rights protection.Author righter study the purpose of administrative law and compare the fundamental rights and human rights in proceedings.The second chapter,from the protection of human rights point of view,expounds the problems of the Administrative Procedure Law at the present stage of human rights protection and analyze its causes.The third chapter draws foreign theory.Administrative Procedure Law of the foreign advanced in the protection of human rights thanks to its detailed legislative system, a robust review mechanism, a comprehensive accountability system and a full range of relief measures.The fourth chapter is to explore to improve the road of China's administrative litigation of human rights protection.Research methods, this paper used the following method:materialist dialectics, the main use of this method to analyze the differences and connections of the current Administrative Procedure Law and human rights protection; empirical analysis,by this method analyzing the current the Administrative Procedure Law, the empirical fact is not conducive to the protection of human rights; value analysis, this method demonstrated the protection of human rights guiding significance as the Administrative Procedure Law.The result of this paper is mainly based on the protection of human rights as a perspective to review'the deficiencies of the current Administrative Procedure Law, and proposed to achieve this purpose the protection of human rights.