Research On The Personal Claim In Administrative Process

With the change of constitutionalism idea and administration duties,traditionally,person achieve the goal depending on individual activities and possess defensive rights to resist the illegal intervention of administration in the field of individual life.Nowadays,the meaning of right has been extended and person could actively claim what administration should do and not do to defend and achieve individual rights.The personal claim with enlarging meaning in administrative law has became the important research subject,however,the subject'research is still in an elementary stage.On the one hand,the “claim”is develoged late in administrative field.On the other hand,there are no developed theories which can provide some guidance for this relative new study.It has a big significance to study relevent “claim”theories,because the claim plays a important role on protecting the personal right and their status as the subject of law.This paper attempt to define the personal claim in administrative law under the sight of administrative process by refering to the Germem theory of public rights that has close ties with claim and more mature relevant “claim”theories in civil law,and discuss in detail conditions that the personal claims establish based on the law and relevant theories.Based on the close relationship between the subjective public right and the claim,the claim is divided into substantive claim and procedural claim depend on the classification of the subjective public right.Eventually,this paper discuss its judicial protection on the basis of substantive claim and procedural claim,and by doing that,the writer wish to further protect the personal claim opposite to the administration and safeguard their status as the subject of law.