Research On The Right To Resistance Of Administrative Counterpart

In our country, based on the special nature of the administrative, administrative relativeperson with administrative law executive power is in an unequal position,it rarely mentionedadministration relative to human rights protection. The popularity of the concept of rule oflaw and human rights, the Administrative Procedure Act makes drafting and constructionhighlight intrinsic and extrinsic value to procedural law, the status of human rights respectedhigher and higher. Administrative relative person ’s right to resist the program is product toadapt to the reality of the protection of human rights, safeguard the legitimate rights andinterests of administrative counterpart. Administrative relative person ’s right to resist theprogram is a timely relief right thing. Specificly,it is said that refering to a significant andobvious illegal administrative action program we have rights to disobedy, do not fit and donot to fulfill. It opened up new ways following the administrative proceedings, and otherremedies for administrative reconsideration, while improving the dominant position of theadministrative counterpart supervision, improve the supervision system of our country. Itcan easily oversight and conduct administrative body, balanced rights and obligations ofboth parties and administrative, resolve the tension between the interests of the executivebody and administrative counterpart, to promote a harmonious society.This article is based on the status of the administrative relative improve in the process oflaw, but in reality the right has been repeatedly damaged. By analyzing the operationalmeasures of theory and practice provides for the right of resistance, and resistance onauthority at home and abroad, perfection and security issues about the right of resistance inthe process of administrative, to build with Chinese characteristics, administrative relativehuman rights system to resist procedures, and come to the legislative concept" respect andprotection of human rights," This paper is divided into five parts.The first part: the basic outlined of the administrative relative right of proceduresresistance. In this paper, the origin of the right of resistance as a starting point to analyze thecontext of the right to resist foreign country, the right to resist the semantics proposed on thisbasis. Realization of the right of resistance by the method of historical analysis to thetransitional administration in the field of administrative counterpart to resist the rightprogram..From the field of administrative law research, describes the process of administrative counterpart controversy right from scratch resistance, on the basis ofrecognition of the existence of executive power in accordance with the nature of the executivepower divided the rights of resistance into the substance of the right of resistance, resistanceto the procedural and merger substantive rights and procedures right to resist, thereby leadsresearch program focused on the administrative relative person’s right to resist this article.Following this, analyed the administrative relative procedures meaning,characteristics.Making the context and semantics of resistance right into the article, to deepenunderstanding of the program. From the abstract to the concrete of the procedural rights of anoverview of the administrative relative person,and to lay the foundation for the followingresearch programs right of resistance.The second part: the human right of resistance administrative procedures relativelegitimacy. In this paper, administrative act theory as the theoretical origins of the right ofresistance, refering that the rationality of right to resist programs existing; invalidadministrative act to support the theory, pointing out the importance of the right to resist thepremise and procedures exist; Finally, the reality of a harmonious society advocated on thepractical guide to promote the right to resist the reality of operational procedures.The third part: the executive relative resistance run the program. In this paper, startingfrom the constituent elements of the right, the right of resistance elements of the program aredivided into: subject, content, procedures, forms, relief of the five elements. By analyzingthe deficiencies of various elements, namely the main legal consciousness, invalidadministrative act defects, resist process chaotic, disorderly way to resist, and reliefmechanisms lag. The right of resistance embarrassement detailed analysis, to build aneffective security system in order to improve the legal right to resist the program.The fourth part:the improvement and protection of the administrative procedure right toresistant of relative person. For the third part defects, propose effective measures. Mainlynormative legal documents, improve system invalid administrative act, resist orderly mannerand to identify " contentious stop" relief mechanism, not only to achieve the right to resist thelegalization program, and the program will be the intrinsic value method of integrationamong the right,to achieve procedural right to resist the program.The fifth part:the conclusion. summarizing the contents of the full text and buildadministrative procedures relative to human right of resistance blueprint. Through theimprovement and protection of the right to resist the program, an effective solution to the disputes administrative relations between people, and promote harmonious relations betweenthe two sides, and promote the concept of universal equality, promote the construction of aharmonious society.