On The Administrative Counterpart Right Of Resistance

The exercise of administrative counterpart’s right of resistance is a procedural right,which canbe considered as private relief. In the modern society, the administrative right becomes more andmore strong,it forms administrative authority and tendency of alienation, which will violates thecitizen’ s legitimate rights easily.The establishment of national mechanism is to insure the personalsafety and property rights of citizen, however, when citizens’ legitimate rights are violated bypublic power, we cannot repose the hope of relief in the country. For only when the violation ofcitizen’ s legitimate rights can be protected by the country’s public power, private relief is notneeded, but we all know this situation cannot happen, for perfect as the system is, there will be sortsof flaws and loopholes. Therefore, as a pattern of private relief, the counterpart’s right ofresistance is the basic way when citizen is violated by administrative public power.It’s a way whichis most likely to doctrine of natural law and derived from protection of citizen’s rights. It’s ajustifiable self-defense in the situation when ordinary people can identify the grave offenseorflaws.Full text is divided into the following four parts to discuss the exercise of administrativecounterpart’s right of resistance.The first part summarizes the exercise of administrative counterpart’s right of resistance,mainly discusses its concept, the historical development, theoretical value and practicalsignificance of the right of resistance. In the beginning of this part, the concept and connotation ofthe right of resistance is explained in detail, meanwhile, it introduces the historical development ofthe right of resistance in western developed constitutional government to prove the practicalsignificance.The system of the right of resistance is an important system which can balance the benefit administrative lawThe second part“Theoretical principle of the right of resistance”discusses the theoreticalbackground of the right of resistance, it comes to the conclusion that the exsistance of the right ofresistance is deeply supported by theory, which conclude two parts, the basis of constitutionalismand administrative law. The basis of constitutionalism mainly discusses form the theory of naturalrights and popular sovereignty, it concludes that the right of resistance is a basic citizen right. In thefield of administrative law, the right of resistance is supported by “The Limited Facto force”and“the invalid administrative act theory。At the end of the argument, the author proposes some ownideas.The third part “Analysis on situation of the right of resistance in China” mainly discusses thetheory and situation of the right of resistance in our country. The present theory situation mainlyanalyzes the controversy and research situation in the field of our country’s academic evaluationnowadays, the legislative practice mainly analyzes the legislative status toward the invalidadministrative act and the right of resistance, finally it concludes the problems that exist generally inthe law and theoretical circles,and points some defects in the current system.The fourth part“The perfection of the right of resistance in China” makes some suggestions tothis system in the basis of discussions before. Firstly, a perfect and definite provision in system isneeded, which can change the current situation that there is only system provision without practice.secondly, this part make the basis and way to judge more definite on object standard, on the chancethat we can change the situation that the invalid administrative act cannot be definitely judged. Atlast, the author hope we can perfect the responsibility and procedure of exercising the right ofresistance, on one hand, it will assure that citizen’s legal rights can be relieved and guaranteed wheninfringed by significant and obvious illegal administrative act, on the other hand, by means ofdefining the relatively liability, it’s a kind and cautious attitude with respect toward the act ofcounterpart’s right of resistance. As main parts in the legal administrative relation, we wish bothsides can guarantee the personal and public benefits under an improved legal system, in this waycan we establish a harmonious and rational society.