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On The Construction Of Right Of Resistance System In China

Posted on:2013-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:X C MaFull Text:PDF
GTID:2256330395988270Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The imbalance of the allocation of right and power makes administrative counterpartstand in a weak position. Whether the administrative decision is right or not, administrativecounterpart has to obey it firstly in this situation, which is likely to hurt administrativecounterpart. However, according to the theory of power source, public power comes from theprivate rights. The public should have right to refuse or even resist the public power undercertain conditions. The right of resistance developed from abstract to concrete, from politicallevel to of administrative law level. In our country, the administrative idea of administrationaccording to law is not deep enough and the idea of procedure is relatively strong, whichleading to infringe the rights of administrative counterpart. The administrative counterpartwould accept or fight fiercely. Especially in the period of social transformation, all kinds ofcontradictions come out, which make more prominent contradictions between officials andpeople. Therefore, it urgently needed to establish the corresponding system to regulate theadministrative relative person’s resistance of public right, to set up a platform for dialogue, topromote mutual exchanges and communication, to construct the harmonious administrativelegal order in China.The article is divided into seven parts to introduce the right of administrative resistancetheory background, significance, difficulties and construction mode.The first part, the introduction of modern administrative law, from the balance concept,that gives the right of administrative resistance to the balance between public right andprivate right, the realization of the right of supervision over power, ensure theadministrative power to regulate the operation of great significance, leads to the necessityof setting up the right of administrative resistance.The second part," the right of resistance developed from violence to moderate",introduced the right of resistance in different dimension of development path, the politicaldimension, theory and practice of constitutional right of resistance, and the right ofresistance under the administrative law dimension, clear right of resistance developmentsource and flow, and different between the three.The third part," the right of administrative resistance concept, characteristics andsignificance of the domestic", about the right of administrative resistance definition forcomparative analysis, pointed out that the right of administrative resistance is defined according to the law, private party in the administrative process of the administrative bodyto make obvious illegal or improper administrative decisions have disobedience, fit, mildrebellion against the procedural rights. The right of administrative resistance has a"program"," defensive"," stop it" and "individual". Elaborated the administrative right ofresistance on China’s administrative law construction significanceThe fourth part," the right of administrative resistance theory explanation", this partfocuses on the theoretical basis of the right of administrative resistance of presumptivelegality of administrative act theory and theory of invalid administrative acts ofadministrative counterpart’s right of resistance, demonstrate the legitimacy of the existenceand the rationality, also pointed out the defect of theory and contradiction.The fifth part," dilemma of the right of administrative resistance ", this part points outthe right of administrative resistance in the system and the application of the plight of two,pointed out that the lack of system and application of block up our country to be a majorobstacle to the development of right of administrative resistance.The sixth part,the right of administrative resistance legislation conception in China",this part of the right of administrative resistance to create bold hypothesis andargumentation, preliminary compose builds our country right of administrative resistancedevelopment model. Mainly in the constitutional level and" administrative procedure law"to put forward the development proposal, emphasized the necessity of constructingparticipation mechanism. The seventh part, the ending, mainly on China’s right ofadministrative resistance this paper forecasts the development tendency, pointed out that theright of administrative resistance need to gradually advance.
Keywords/Search Tags:right to resistance, the right of administrative resistance, facto force, invalid administrative act
PDF Full Text Request
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