Studies On Administrative Beneficial Rights

Administrative beneficial rights is important public rights of citizens, but the lack of theoretical study at home and abroad, and the current executive power’s day-by-day expansion causes the administrative opposite party right protection appears especially essential and particularly necessary. More importantly, our country is carrying out the administration according to law and the service government; this paper can not only raise awareness of protecting the rights of citizens, but also for our government to provide strong theoretical support for our government reforming. The needs of theory and practice of the call is the source and inexhaustible power of research. Therefore the author choose to study this issue, also expected that can contributes strength for the administrative government by law construction and the development of administrative law.From right protection’s angle, this paper uses the comparative analysis, value analysis and balancing of interests research methods to study the administrative beneficial rights system. Firstly, from the background of the topics, this paper elaborates the purpose of the study and practical significance, and has proven the necessity and the positive sense of the administrative opposite party right protection. Secondly, based on the basic theory of administrative beneficial rights at home and abroad, proposed the concept, historical development, characteristics and classification; systematically combed the beneficial rights of the law and the theoretical system. Administrative beneficial rights differ from the traditional administrative system of relative rights; the author who also leads the concept of administrative related person strengthens the system study and protection of beneficial rights. Once more, with the analysis on the legal basis on beneficial rights and its relationship with the relative rights, from the existence and development of administrative law, to explore the theoretical basis and development trends, which is the extension of divergence and the logical starting point of administrative beneficial rights. Again, analyze the ways and stages to realize beneficial rights and summarize the present administrative rules and regulations of beneficial rights system’s legal construction, combined with the typical hot issues to demonstrate the importance of the implementation. Finally, the author elaborates above the problems and the perfect countermeasure, and introduces a number of constructive ways, in order to best protect the administrative beneficial rights.