Right To Resist Of The Private Party's Context Of Choice In China

Legislative power can only supervise the administrative action negatively; judicial power can only be remedial civil rights. Right to resist of the Private Party was able to get rid of the plight of legislative and judicial powers; it can protect the rights of the Private Party on the process. In order to protect the legitimate interests of the administrative counterpart timely and effectively, who also gives the Private Party the relative right of resistance. Throughout our law, most legal department stipulates that the citizens have the "immediate self-help rights" when facing the "immediate harm", such as self-defense in criminal and civil rights.Right to resist of the Private Party has its legitimacy in our living space, It is essential to the protection of the rights of the administrative counterpart. However, the legislation of the right to resist of the private party both in theory and in practice, there are many issues to be perfect. The private party should enjoy the right to resist and it has become a usual attitude in academic. But as there exists a reasonable basis for the administration of relative resistance to the exercise of the right efforts also need to institutionalize administrative law before being implemented, that is dependent on its in my Mandarin environments of the path selection, the main text is divided into five parts.The first part: "The referring of Right to resist of the Private Party ", the paper first defines the meaning of the right to resist of the private party, its features and content; followed by combing the administrative counterpart of the evolution in the context of Western history; with the author to right to resist of the private party similar to concepts such as self-defense rights and the right to conscientious objection and civil disobedience were the concepts of discrimination, the right of the executive relative resistance to the proposal clear. The second part: "The legitimacy exists of right to resist," the administrative counterpart of the right of resistance as a private right to relief, in practice a certain level of controversy. In view of this, it is necessary to interpret the legitimacy of the private party the right clearly and precisely. The author from the right to resist of the private party's theory basis and practical basis, to avoid the right to resist the political basis and have constitutional basis, closely around the right of the Chief Administrative Law relative resistance based on the theory and the Public Force of invalid administrative actions argument, which justified the right of administration relative resistance to the theory on the basis of administrative law. Then from the balance between administrative law, procedural and public interest controlling interests to be terms of respect for individual administrative proceeding demonstrates the right to resist of the private party has the factual basis in reality.The third part:" Right to resist of the Private Party to survive in the soil of our country" in the card into the administrative counterpart, after the legitimacy of the right of resistance, followed by a need to analyze the administrative counterpart right of resistance exists in the survival of our soil, that the relative administrative Right to Resistance survival context. The author the right of resistance from the administration relative certainty context and barriers to starting native of administrative relative certainty of the right to resist such a favorable international environment context - the administrative counterpart in a foreign country the right to resist the establishment of system of administrative action is invalid Preliminary research, administrative counterpart legislation in our country the right to resist the horizon, right to information system established, the Chief relative resistance to the judicial practice of rights and administrative rights of the growing relative importance of such a comprehensive analysis; followed by another relative of the Chief the right of native people against obstacles such as the concept of invalid administrative action is unclear and the standard confusion, confirmed the absence of an invalid type of administrative litigation, administrative responsibilities relative presence of obstruction of official business, administrative body and administrative issues relative to other aspects of man's own objective description, Finally, the conclusion: In our country, have the right to resist the administrative counterpart for the survival of soil.The fourth part "The path of Right to resist of the Private Party ", the author first made its position clear: the right of resistance due to administrative legitimacy relative basis, and survival are available in our context, it can determine the administration of the law relative resistance right. The next administration relative to the exercise of the right to resist the default path, including the exercise conditions, exercised, the exercise effect, have carried out the exercise of specific and detailed risk default. Followed in order to protect the right of administration relative to the effective exercise of human resistance, the author also created to match the corresponding system, mainly the establishment of "invalid action of confirmation" system, the establishment of the complaint is invalid to stop the implementation of the system and the establishment of administrative burden of proof relative administrative reasons the system behavior. The fifth part: the conclusion part: the right to resist of the private party should be carried out in our founding vision, The right to resist of the private party as an essential procedural human rights, should provide for in the making "Chinese people Republic of the Administrative Procedure Act ", so that the right to resist of the private party really can be achieved in our country.