Research On System Consummation Of Right Of Disposition In Administrative Proceedings

Whether from respect for the constitutional spirit of personal subjectivity, or the concept of litigation to protect the dominant position of the parties, building and improving the system of right of disposition of the parties is a significant project. With the reform and development in the theory and practice of administrative proceedings, respecting the wishes and be submissive to the behavior of legally disposing of the rights of the parties, has get more and more support.But we had to admit that there are also many problems in this issue,for example, lack of principled provisions, exercising of the right must be reviewed by the court or shall be exercised on his behalf and range of the right to be disposed is narrow. In view of the above problems, the system construction is particularly important. Based on the available information,this paper elaborate the building and improving of the right of disposition of the parties in administrative proceedings on five aspects, and made specific recommendations in order to truly achieve the dominant position of the parties.The first part introduces definition of the right of disposition in administrative proceedings. It mainly includes subjects and the exercise methods of the right, the scope, differences between the right of disposition in Administrative proceedings and civil proceedings and differences between the plaintiff and defendant.The second part describes the legitimacy of right of disposition in administrative proceedings. It introduces from both academic theory and judicial practices. The former mainly includes the nature of right, the right to appeal in administrative proceedings and procedural justice, the latter mainly considers the practical significance from improving judicial authority, improving efficiency and reducing the conflict emotion of the parties.The third section describes problems existing in the system of right of disposition in administrative proceedings. It mainly includes three aspects:lack of principled provisions, exercising of the right must be reviewed by the court or shall be exercised on his behalf and range of the right to be disposed is narrow. In the introduction of the second question, we select prosecution, trial referee range, withdrawal etc. to analyze. The fourth part introduces the possibility of improving the system in administrative proceedings. With the development of the theory and practices of domestic administrative proceedings, we can refer the civil proceedings and foreign countries to construct the system in China.The fifth part focuses on the countermeasures to improve the system. It mainly includes the following aspects:establish the principle of disposition, reduce the review and encroachment of the court, give more disposition to the parties and properly handle the relationship between the right of disposition and the state intervention, and finally to prompt benign interaction between the two and provide more convenience for the parties.