The Perspective Of The Public Interest To Investigate The Relative Administrative Procedural Rights

Urban house demolition, the issue was emerging, urban demolition are the essence of private property of citizens of the levy, the Government is only based on the public interest may be legally required to implement the demolition, and the public interest, the uncertainty of the characteristics and content of all-inclusive concept of cause defined in the academic community has not yet been reached, and in fact the existence of our country at the same time "public interest" the generalization of the practice, although the Government to "public interest" under the pretext of violation of civil rights, but there is also easy to solve some practical difficulties. Under such circumstances, how to protect the process of administrative law enforcement in the public interest is questionable, how the existence of benefits administration preferred to define the public interest when the discretionary space with compression and norms are facing the biggest problem; in under the framework of the existing system, based on the executive in the public interest as defined in the process of determining the status of the event can not be regulated, the public interest will not be bound by the capture of power, usurped the throne, benefits become a power tool to check the legality. Therefore, we must from the perspective of the right to treat the other side of the concept of rights, namely, procedural rights.On the current academic term, the executive in the administrative procedures for the process of research has been relatively more attention, and respect for personal benefits and limitations of public power has become the modern administrative procedure law, the spiritual essence. This makes the executive relative procedural rights protection and relief imminent. At present, China's Administrative Procedure Act of the Legislative Code has been launched, combined with foreign theories, drawing on its advanced experience in the practice of comparing its use to achieve the administrative procedural rights relative confirmation, respected and protected.