Study On The Resistance Right Of Administrative Counterpart

With the development of democracy and legality,the legal status of the administrativecounterpart is becoming more and more important,which is from the object of theadministrative legal relationship to the principal part.During this period,the right ofresistance of administrative counterpart raises the attention of the academics of theadministrative law.The concept about the administrative counterpart’s resistance right isthat,the administrative counterpart has the right to disobey or resist the order whenfacing an invalid administrative act with gross and obvious breach of law.The resistanceright of administrative counterpart is private relief,which is a useful supplement topublic remedy;The resistance right of administrative counterpart is procedurerelief,which could protect the legitimate rights and interests of administrativecounterpart,could make up the proficiency of administrative review and administrativeproceedings;The administrative counterpart’s resistance right can also limit andsupervise public authority to a degree,promote administrative subject to do activitiesaccording to law.So,it is necessary to have further research and study about theadministrative counterpart’s resistance right.The theory about the resistance right ofadministrative counterpart is already very mature in some civil law countries.But,in ourcountry,the study on the resistance right of administrative counterpart is in the initialstage,the theory is immature and there are also many problems in practice.This paper isdiscussing about these problem,and i hope it could be helpful to make the resistanceright of administrative counterpart perfect.This thesis includes the followingaspects:firstly,it is the introduction of the basic theory about the resistance right ofadministrative counterpart,for example,the concept of the resistance right ofadministrative counterpart,the features and the establishment elements of the resistanceright of administrative counterpart,the theoretical basis and the significance of the studyof the resistance right of administrative counterpart,these aspects lay the foundation forthe further sturdy;secondly,considering the actual situation in our country,the thesispoints out the problems and the causes of the problems about the resistance right ofadministrative counterpart,for example,the object of the resistance right ofadministrative counterpart is vague,the methods of it are nonstandard,the consequenceof it is less optimistic,the relief of it is imperfect and so on;thirdly,it is introduction ofthe theory and practice in Germany and Japan,then learn from the experience;finally,in view of the above analysis,the discourse offers some proposals to promote sounddevelopment of the resistance right of administrative counterpart,for example,make thecriteria of void administrative acts clear,set some principals about methods of theresistance right of administrative counterpart,make the obstructing public businessperfect,establish the invalid affirmation litigation and so on.