Research On The Claim Of Action In Administrative Law

The concept of administrative act,as steady concept and characteristic,for long time has been becoming research focus on administrative law theory in China.The theoretical research frequently put more emphasis on the forms of administrative act under the constraints of the law,less on the perspective of legal relationship between administrative subject and administrative opposite party.In modern public administration practice,it is not a simple bidirectional relationship between the administrative subject and administrative opposite party,relying on solely the theory of administrative act has been unable to deal with and solve the risks and problems arising from modern administrative management,such as right protection on the third party in the trilateral and bilateral law relationship.Moreover,Even if it is a legitimate and appropriate administrative act,in the process of achieving public welfare,its behavior style and results may also have a substantial impact on rights and interests of the opposite party,which cannot acquire acknowledgement and relief of law norms through analysis in the angle of administrative act theory.In the case that relationship between both of them were defined again by claim right to behavior in administrative law,individual legitimate rights and interests shall be qualified to balance public interests.Consequently administrative process shall be no longer considered limiting to public interests,the rights and interests of administrative opposite party shall be also taken into account.Claim right to behavior has been a proposition that is unavoidable to study in administrative law due to either requirement of theory or pressure of practice.The aim of the dissertation is to discuss forms of rights and obligations between administrative subject and administrative opposite party from the point view of legal relationship,so as to make up for the defectiveness of administrative act in regulating society.Nevertheless Civil law is the legal norms system regulating the relationship between equal subjects,the claim,as the basis of the concept of civil law refers to the right to ask other subjects to make a certain act or not,whether the introduction of transferring the concept of the claim from civil law system to the administrative law is feasible? In the event administrative subjects have power and ability to perform unilaterally mandatory behaviors how a law relationship of request can be established between the administrative subject and the administrative opposite party? The view of dissertation is that the constraint that the right is applied to public law field is the unequal legal status between subjects of public law relationship,the value order established by the Constitution makes it possible to create a space for claim between the administrative subject and the administrative opposite party.The Constitution confirms the status of the Subject of right and the state's obligation to protect the fundamental rights of citizens.Under the protection of the human rights protection of the constitution,administrative opposite party is not only the object of the administration.When certain conditions are fulfilled,for the need of protecting the rights and interests,of course,administrative opposite party may claim the administrative subject to make a certain act or not,the claim of action in administrative law has its constitutional legitimacy.However,the Uncertainty of notions derived from the provisions of the Constitution imposes a restriction on demonstration effect of claim right to behavior.The norms of the administrative law regulated by the Constitution establishes a basis of claim rights in the administrative law.Claim to action in administrative law,as a public law right,means a right that the citizens request administrative subject to do or not to do specific acts,which indicates relationship of rights and obligations between the subject and the opposite party in administrative law relation.The claim right which is applied to research field in the administrative law can supplement the deficiency in application of administrative act theory,and also make Constitution have a dynamic implementation effect.The ultimate purpose of filing the claim right to behavior by administrative opposite party is to meet the needs of their interests' realization through the rules of public law.The reason that the norms of administrative law value-oriented by public interests can become a way to stand up for personal interests is its goal for protection of personal interests in the rules of administrative law.The dissertation shall take German theory of public rights and of fundamental rights as the theoretical basis,connecting with our Constitution and the rules of the administrative law,to do research on prerequisite and norm basis on which claim right to behavior is shaped in the administrative law,and on behavior details performed by administrative subject where the claim right has been established.Eventually the conclusion shall be drawn based on analyzing remedy system in force in China that the relationship between the administrative subject and administrative opposite party not only contains management attribute but also the nature of claim right.Any right without remedy is not a right,the judicial relief system is necessary for the realization of claim in administrative law.Through the structural analysis of the current judicial relief system in China,it now play an important role in rectifying the order of public law,which puts an emphasis on the relationship of law and administration,and cannot provide adequate relief for the claim of administrative opposite party in administrative law.