A Study On The Protection Of The Object Of Administrative Assistance In China

To strengthen the right protection of administrative assistance is one of the problems which should be solved by the administrative law in our country because right protection is the core of laws and regulations. Although our country has fruitful achievements in the protection of the object of administrative assistance, we also should pay special attention to the fact that there are still some problems in the protection of the rights of administrative assistance in our country. First of all, there exists a weak consciousness of rights and narrow range and confused status quo the subject of administrative assistance which directly leads to the fact that the object of administrative assistance is lazy to drive their own rights. And this also leads to the lack of relief of the rights and the difficulty of comprehensive protection of the object of administrative assistance. Secondly, as for content of the specific rights and the implementation of administrative assistance,there is an emphasis which attaches great importance to material rights rather than the spiritual and moral rights, which leads to substantive rights and procedural rights protection is not supporting the status quo and the level of right protection is poor. Finally, there are a larger proportion of the administrative reconsideration and litigation function of the petition system which is blocked for administrative assistance when it comes to the object of administrative assistance to protect rights. This will hinder the object of administrative assistance to complaint and appeal, which the problems of the object of administrative assistance cannot be solved properly resulting in effecting the process of social reform.In view of the above problems, this paper puts forward some corresponding suggestions in adhering to the principle of "special protection". The suggestions are embodied in the following aspects: firstly, to establish the legislative concept of the right protection of the object of administrative assistance and make efforts to standardize and guide the implementation of this system; secondly, we should establish the "administrative assistance law" and increase the content of substantive rights of administrative assistance to achieve protection of rights of administrative assistance;thirdly, the system of procedural rights protection of the object of administrative assistance should be established which will coordinate the appeals, the examination,the hearing and facilitate the realization of the object of administrative assistance;Fourthly, it is necessary to improve the assistance level of right protection of the object of administrative assistance and try to realize the neutrality of the reconsideration and the convenience of the litigation so that the rights and interests of such subjects can be truly realized and make it not just an empty talk.The proper solution to the problem of the object of administrative assistance will not only make their survival right satisfied but also promote the progress of the development right. Further, this also will promote the realization of our modernization process and ensure the stability and unity of the social environment so as to provide a good internal environment and finally maintain the credibility of the government and strengthen the authority of the government. This is the goal of the right protection of our country's administrative assistance.