Research On The Right To Claim Administrative Benefits

The improvement of administrative supply is an inevitable requirement for strengthening the construction of a service-oriented government and a welfare state.As an administrative act upon application,the administrative supply is based on the citizen's right to request administrative supply as the logical starting point.Therefore,the optimization of the administrative supply request right is the prerequisite for perfecting the administrative supply.The right to request administrative supply is important for citizens to obtain material supply from the state to guarantee their subsistence.It is in urgent need of scientific legislative determination and procedural guarantees for the realization of rights.This article first starts with the basic theory of the right to claim administrative supply,aims to discuss what is the right to claim administrative supply,comprehensively analyzes the concept and nature of administrative supply and the right to claim public law in modern public law,and then analysis of the concept,basis,essentials,nature and related theories of the right to request administrative supply.Later,through the basic theories in public law,the constitution and legal norms,the legitimacy and justness of the right to request administrative supply were demonstrated.Finally,from the perspective of the narrow administrative process theory,this article focuses on the legislative and administrative process related to the right to request administrative supply,with a view to discussing how the right to request administrative supply should be established and realized in the legislative and administrative links.In addition to the introduction and conclusion,this article is mainly composed of four chapters:The first chapter is to sort out the basic connotation and related theories of the right to claim administrative supply.First,analyzes the administrative payment and the public law request right,and then introduces the concept,right basis,and essentials of the administrative payment request right;secondly,analyzes the origin and development of the administrative payment request right from the perspective of the transformation of state functions;finally sorts out the determination and important theories about realization of the right to request administrative supply.Chapter two analyzes the legitimacy and justness of the right to request administrative supply.First of all,it discusses the legitimacy of the right to claim administrative supply from the legal perspective of the state,the principles of people's sovereignty,the dual attributes of fundamental rights,and the theory of social rights;secondly,it talks about the justness of the right to claim administrative supply from the Constitution,Articles 33,45,14,44 and some related theories.The third chapter studies the current situation and problems of the realization of the right to request administrative supply in the legislative determination and administrative procedures.Firstly,at the legislative level,the right to request administrative supply mainly has the problems of imbalance in determination methods,establishment of improper conditions,and low rank;secondly,at the level of administrative procedures,there are problems mainly about lack of protection of the right to know,insufficient procedural neutrality,and insufficient citizen participation.The fourth chapter discusses the perfect paths of the right to request administrative supply in the legislative and administrative process.First of all,at the legislative level,it is necessary to reconstruct the matching of determination methods,implement the legality review system of regulatory documents,and speed up related legislation;second,at the administrative procedure level,the right to know for citizens should be improved by implementing the government information disclosure system and strengthening publicity;at the same time,to strengthen the neutrality of procedures through the introduction of avoidance and leapfrog declaration systems,and to broaden citizen participation channels by improving the hearing and publicity systems.