The Plight Of The Administrative Relative Person Procedure Right Of Resistance And The Research

With expanding the scope of administrative power, formed the administrativeauthority in the field of administrative law in modern society, in order to facilitateefficient quickly settle administrative affairs, but on the other hand, the strengtheningof the administrative power prone to do their infringing on lawful rights and interestsof citizens, resulting in the tendency of alienation of administrative power. At thistime, as a party of the administrative relative person, if with ordinary people knowlevel can determine a behavior obviously significant flaws, the other party may takereasonable way to resist. The existence of the right of administrative relative pathresistance is of great significance. This paper from the following several aspects todiscuss:The first part,"What is a right of resistance to administrative relative program"For the right of resistance to the permanent topic of discussion is not initiallyoriginated in the field of administrative law, so this part of the first in the history ofthe executive power flow into the background, this paper introduces the resistance ofdifferent dimensions, thus more comprehensive cognition we’ll discuss the perspectiveof administrative law of resistance, in grasping the concept and characteristics, on thebasis of accurate to discuss the other party program right to resistance ofadministrative law theory origin.The second part,"The practice of the administrative relative person procedureright of resistance investigation". In this part, the actual situation of the administrativeright of resistance, mainly divided into two parts, the legislation and judicial practiceof our country. In the existing legislation as the breakthrough point, through to theinvalid administrative act, the right of resistance related legislation present situationanalysis, causing resistance to the other party program right think of the constructionof legislative system involved, as discussed below the administrative relative personprogram issue that the right of resistance to lay the foundation; And then to the otherparty of China’s current administrative judicial practice case to exercise the right ofresistance, mainly discuss the exercise of the right of resistance in the process of thelaw applicable to administrative relative person. The third part,The plight of the "the right to resist the administrative relativeperson" After the above two parts to discuss, the most direct is raises our countryabout the plight of the administrative relative person procedure against rights. Thepredicament the administrative relative person to exercise the right of resistance canbe divided into theory and practice, by the invalid administrative act, the derivation oftheory to practice "definition of invalid administrative act theory" and "the absence oflawsuit system of invalid administrative act","the right of the other party against andcompulsory administrative execution contradiction between" multiple difficulties, etc.,hope to be able to reveal the plight of right of our country’s administrative relativeresistance.The fourth part,"Administrative relative procedure of guarantee and improvementof the right of resistance". On the basis of what has been discussed above putsforward constructive Suggestions and countermeasures for the existing problems, firstof all, on the base of invalid administrative act specified in the legal concepts andstandards, and ensure that laws. Then carries on the system, from the perspective ofthe perfect system construction, establishment of invalid; Reform of execution system,especially for the improvement of the "fight v. don’t stop the execution"; Constructionof the administrative relative person right of resistance exercise the responsibilitysystem.