On Equal Protection Of The Rights Of Private Party In Administrative Process

In the construction of country under the rule of law,our country always pays attention to the protection of the rights of citizens and has made a great progress.However,due to some reasons,problems still remain.In reality of social life,the phenomenon that public power infringes the rights of administrative counterpart appears continuously,which mainly reflects in form of public power discriminates and treating counterparts inequality.Problems in discrimination not only ruined various rights and interests of administrative counterparts,but is getting farther from the purpose that the constitution safeguards civil rights,which seriously hindered the process of rule of administrative law.On these issues,our country has been exploring the solution constantly,but there is still a big gap between the real situation of protection and the requirements of the country under the rule of law or the degree of protection depending on social realistic conditions.Therefore,our country hasn't realized equal protection of administrative counterparts' rights.Equal protection principle in our country hasn't been confirmed and therefore there's lack of judicial application of principle of equal protection in court review.In Chinese constitution,“everyone is equal before the law” is interpreted as equality before the law excluding equal protection of law.Therefore,when judiciary authorities protect and relieve administrative counterparts' rights,they only censor whether the law is applied equally instead of legitimacy of existing law itself.If the law exists unreasonable classification,despite applying the law without discrimination,the result may be unjust.This way of relief gives up seeking for equality of rights protection from the roots of legislation.To realize the equality of protection on counterparts' rights,we need to let this principle gradually be recognized by our constitution,and then make the principle of equal protection fully applied in judicial review.But from the current situation,there are many shortcomings in the aspect of court review,for example,narrow court review,difficulty of application of constitution,lack of scientific and reasonable examination criteria,etc.These are not only difficult problems to solve to realize judicial application of this principle,but the difficult barriers to cross to make equal protection come true as well.This article analyzed status quo of judicial protection of administrative counterparts' rights in China and difficulties of court review in realizing equal protection,starting from the introduction of principle of equal protection and the equality of the administrative counterparts' rights protection in accordance with the framework of the theoretical analysis—the analysis of status quo —summarization of problems.Then,this article put forward specific measures to implement the equality of protection of administrative counterparts' rights concretely,on the basis of taking the situation of our country into full consideration and drawing lessons from the beneficial experience of western judicial practice of equal protection.This paper consists of three parts,introduction,body and conclusion.The introduction highlighted the background and significance of research of the paper.The body is divided into three parts: The first part is the principle of equal protection and its application in the field of administrative law,including the introduction of this principle and analysis of equal protection on counterparts' rights;the second part analyzed status quo of judicial protection in China and difficulties of court review in realizing equal protection.After analysis,we found the following problems in aspects of court review: narrow court review,difficulty of application of constitution,ignoring problems of law classification during review,lack of reasonable examination criteria.The third part puts forward measures to realize the equality of protection on counterparts' rights on the basis of analysis and discuss,including putting abstract administrative action into court review,seeking for ways of application of constitution in the review,attach great importance to the problem of legal classification and reviewing standards combine the main and auxiliary.At last,summarize the full text in the conclusion part,emphasizing that principle of equal protection being applied in court review is significant to realize equal protection on administrative counterparts' rights in our country.