Research On The Resistance Of Administrative Relative People

The development process of administrative relative rights has gone through three stages: "management theory","control theory" and "balance theory".In order to understand the concept of the right of resistance of administrative counterpart correctly,we should start with several aspects.The opposing right of administrative counterparts is generally divided into three levels.The analysis of the resistance of the administrative counterparts and the related concepts can help us to better grasp the connotation of the resistance.There is a significant value in the resistance of the administrative counterparts,and it is worth our attention.The theoretical basis of the administrative counterparty's resistance requires us to look at it in the light of dialectical materialism.The theoretical basis and legal provisions of countries are worthy of reference when dealing with the issue of resistance.Differences between political systems,cultural traditions and geographical environments inevitably lead to difficulties in the localization of foreign theories and mechanisms.Therefore,it is obviously not advisable to develop the theory of administrative counterparts in China,taking the experience of a certain country solely,and it is not advisable.Therefore,it should take due to local conditions,the specific combination of national conditions of the practice,the only way,learn from the successful experience of foreign countries only meaningful.By the review and analysis of the present situation and the judicial practice of the administrative right of the relative counterparts in our country,it is not difficult to find that the current situation of the legislation of the administrative counterparts in our country is not optimistic.And to confirm the invalid decision in the real court practice as if the feathers water chestnut.There are many problems in the system of resisting power in our country.The main causes of the existence of the resistance of the administrative opponents of our country mainly include: Invalid administrative behavior theory is immature,The type of action against the invalid administrative act is flawed,There is a contradiction between the execution of the litigation and the enforcement of the right of interrogation,"Privilege thought" and "official standard" have negative influence on administrative subject.According to the rule of law today,citizens should become an independent,active legal subject,in front of the executive authorities should not be blindly attached,passive acceptance of the manager posture.Recognizing the right of resistance of the counterpart conforms to the principle of fairness and justice.To protect the right of resistance of the administrative counterpart to the invalid administrative act,it is necessary to look into the three aspects of legislation,judicature and administration to seek a breakthrough.The perfection of the legal system of resistance rights of administrative counterpart is vividly portrayed.