Relief Of Civil Liberties’ Rights About Administrative Proceedings

Administrative proceedings are forms of litigation for people to lodge a complaint against officials, and its core values should protect the freedom and rights of citizens, especially the administrative counterpart. Administrative law is a landmark department law in the Chinese legal history because it allows administrative relative person has the right to initiate legal proceedings against the specific administrative act which considered to damage litigant’s legitimate rights. It completely changes the thousands of years’ Chinese tradition that officials can supervise people while people can’t restrict officials. Behind these provisions, there contains extremely rich spiritual of the rule of law and philosophical basis, and all in all is to protect citizens’ right of liberties.There must be a lot of valuable considerations while formulating and implementing each law. And all the considerations present as the provisions of law and legal interpretations, if from a political point of view, the considerations will performance as the distribution of benefits of the various interests of the class and groups. But up to a point, the considerations are supported by a certain philosophy. The presence of these spiritual principles and concepts which can make persons ‘psychic rebirth, guide us to develop and implement portions of the law. In the process of law’s formulation and implementation, value orientation must be taken into account, while value orientation is an expression close to the philosophical basis. According to the thoughts above, authors’ research of administrative proceedings’ protection of civil liberties combining the provisions of protection of civil liberties with the philosophical basis in the substantive law of the administrative procedure law, aims at fusing the relevant provisions of civil liberties’ spiritual philosophy and administrative proceedings and exploring spirit of the rule of law and the philosophical basis between each other. In this process there can be explored the deficiencies of the administrative proceedings for the protection of civil liberties and come to a solution on the basis of results. In the view of the running status of administrative proceedings, the problem which now exists and urgent to be solved is that the accepting cases’ scope of administrative proceedings is too narrow, and the identification of the proper defendant is harsh and types of administrative proceedings are not clearly defined. The administrative procedure and the system itself need improvement. Therefore, we should expand the scope of cases received of administrative litigation, and simplify the identification of the proper defendant and clear the types of administrative proceedings. Only in this way the administrative proceedings could protect civil liberties much better.