Research On Administrative Procedure Right Of Defense

The core function of rule of law in administration is to control the executive power.There are many methods to control the power,such as power，rights and program. Thekey to control the executive power is Administrative program. However the mostimportant thing is the procedural rights. Administrative procedure right of Defense isone of the procedural rights which the private party enjoys, is the logical developmentof the private party involved in the administrative process as a result, is one oftheobligations of the administrative subject.The theoretical basis of administrative procedure of defense can be traced back to theconstitutional theory. Administrative procedure of defense is the embodiment ofpeople’s sovereignty principle is one of human rights,isthe inevitable requirement of therule of law principle. Administrative procedure right of defense reflects subjective valueof human beings. It is also in accordance with due process of law. The right of defensecan balance the administrative subject and private party and safeguard the rights ofprivate party. In this way, it ultimately realizes the rule of law.At present, the academic research for administrative procedures of defense is in infancy.There is no mature theory and system design. On the one hand, there is no specificadministrative procedural law in our country and on the provisions of the administrativeprocedural rights almost is none. Though the current law includes the right of defense,but the regulations are incomplete and notspecific. On the other hand, in the practice ofthe administrative law, the administrative procedures of defense tend not to be respected,and the other party rights cannot be protected, and the right will not get effectiveremedy when it was be assaulted.Essay about administrative procedure in our country, the right of defense, on the basis ofexisting theory, combined with the practice in our country, the problems related to thedefense of the administrative procedure and deconstruction, and based on this, advancesthe system some Suggestions of perfecting our country’s administrative procedure rightof defense. This article is divided into three parts. The first part includes the attribute,definition, theoretical foundation, content and function of rights and analyzes thedifference between the other rights. The author expects to analyze the nature of theadministrative procedure right of defense from several aspects; the second part is aboutthe current situation and problemsof defense; the third part puts forward the Suggestions to perfect the defense mechanism of the administrative program: first, to perfect ouradministrative procedure law of the right of defense; second, to clear that violation ofadministrative behavior of administrative procedure right of defense is a administrativeprocedure law; finally, to givethe administrative private party moral relief way.