Discussion On The Procedural Right Of Counterpart

Along with the advance of civilization of rule of law, administration relative person procedural rights the status of the increasingly rising, the administrative procedural rights of the other party, is an important part of the administrative law category, including the application in power, the right of equal treatment, the right of access to information, to explain the reasons, the right to debate and negotiation disposition, the right to request relief, the freedom. Administrative relative person’s procedural rights is hasten of indirect, actionable, basic properties, such as to optimise the administrative organs of the administrative power, guarantee the realization of substantive rights of administrative relative person, promote the administrative procedures balance the independent value of the subject position. Administration relative person procedural rights protection also has certain problem, such as administrative relative person’s procedural rights have not been systematic recognition, administrative law system has not yet officially entered the administrative law and administrative relative person’s rights and obligations relations system of procedural rights guarantee there is no effective law mechanism, the enforceability of low program right and administrative relative person’s procedural rights are neglected and things in advance. So, to protect the rights of administrative relative procedures must be established effective way: set up the procedure value respect consciousness, implement procedure, administrative program to expand the scope of the program right and clear administrative subject program obligations and responsibilities mechanism, perfect instant relief of public power and private rights of instant relief.Perfect the procedural rights of administrative relative person’s substantive rights guarantees the realization of better inevitable requirement, also make the administrative rights and obligations system gradually become the complete path, on the importance of the administrative relative procedural rights safeguard is self-evident, no remedies, no rights and any right without relief way not is right. Procedural rights safeguard the rights and interests of entities with the functions, not only has its independent value, and will at all from the system maintenance procedure rights of administrative relative person. Since our country "administrative procedural law" issued in 1990, the relief program for the administrative relative person rights havequite sexual advances, as the reconsideration, hearing, and information disclosure system gradually perfect, the administrative relative person choose relief way also increasingly diverse, progress, though worth marks, but the administrative laws and regulations and the lack of administrative law practice, there is still considerable, as stated earlier, the administrative law system of large and complex traits leads to the lag characteristic, it not only lagged behind the development of the overall pattern of law in our country, but behind the rapid progress of economy in our country, the right of administrative relative person, can’t get good protection, administrative corruption phenomenon emerge in endlessly, so for the right to relief the problem to be solved.Need to implement administrative procedure procedure, expand the scope of administrative procedure right, clear administrative subject program obligations and responsibilities mechanism, perfecting the instant relief of public power and private rights of instant relief.