A Quest Of The Rights Of Private Party In The Administrative Process--From The Perspectives Of Value, System And Experience

The traditional administrative jurisprudence focuses on the administrative subject to inquire administrative law, ignoring the study to private party in the administrative process. The essential central problem, the rights of private party has never been illustrated in a systematic way. In this article, the rights of private party is articulated from the views of value, system and experience, to formulate a completely system of the issue .Chapter I is an introduction to the background, the trains of thought, the framework and the innovations.Chapter II briefly discusses the value theory of the rights of private party . It analyses : 1) the philosophy basis of the issue, considering the relation between freedom and order; 2) the constitutionalism basis from the relation between citizen rights and government power. 3)the administrative law bases from the relation between the rights of private party and administrative power . 4) the practical basis from the promotive function of the right to practice of the rule of administrative law, the democratization of administration, the reality of constitutionalism.Chapter III deliberates the system designation of the rights of private party. First, the right mechanism of private party. To aim at administrative subject, maintain the perfect contains, and require the tight logic, contain the motiverelation, the rights of private party is divided into avoiding rights, requesting rights, linking right, participating right and relieving right. For each one, concrete classifications are followed. Second, the relieve mechanism of rights. From the angle of humanity and right-achieve , it's divided into the cushion mechanism of social media, the restraint mechanism of internal administration, the conversation mechanism of between conflicts, the contend mechanism between the force.Chapter IV is experience analysis of the right of private party. First, it tries to disclose the disparity between institution and reality. Second, it analyses the practical problem of right consciousness in the country.