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In our country the right to resist relative Context Path Selection

Author: LiuQing
Tutor: WangXueHui
School: Southwest University of Political Science
Course: Administrative law
Keywords: Relative Right to Resistance Context Path Selection
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 66
Quote: 0
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Abstract


Only negative legislative acts of administrative supervision, remedial jurisdiction only in civil rights, the right to resist the administrative relative person was able to get rid of the plight of the legislative and judicial power, in matters relative to the protection of human rights. In order to timely and effective protection of the legitimate interests of administrative counterpart, but also the right to confer resistance to the administrative counterpart. Throughout our laws, most of the legal department of the citizens in the face of \Relative resistance right in our living space has its legitimacy on the relative protection of the rights is essential. However, the relative resistance of human rights legislation, whether in theory or in practice, there are many problems yet to be perfected. And people should be able to enjoy the relative right of resistance has become academic Tong said, but as with the presence of an underlying rational exercise of the right of people to resist institutionalized efforts also need to order the implementation of administrative law, that depends on its context in the country path selection, the text is divided into five main sections. The first part of the \administrative relative person's right to resistance and similar concepts such as self-defense rights, civil disobedience and conscientious objection concepts are analyzed, so that the right to resist the administrative counterpart made clear. The second part of the \Given this situation, it is necessary for the administrative relative person the right to resist legitimate basis to make a clear and precise explanation. I learned from the administrative relative person to resist rights theory and practical basis, and to avoid political resistance arising from the right foundation and constitutional basis, closely around the chief administrative law right to resist relative basis, through the Public Force and invalid administrative act theory The demonstration, which justify the administrative relative person the right to resist the theoretical basis in administrative law. Then from the equilibrium relationship between administrative law, procedural controls required to respect the rights and the public interest aspects such as personal interests demonstrated administrative relative person to resist rights basis in reality. The third part of the \administrative relative person the right to resist the living soil. I learned from the administrative relative person the right to resist affirmative context and native barriers departure, the administrative relative certainty of human rights context to resist such a favorable international environment - administrative relative person in a foreign country the right to resist the establishment of the initial system ineffective behavior research, administrative relative person the right to resist legislative horizon in our country, the right to know the system established, administrative relative person the right to resist judicial practice and administrative relative person growing importance of rights to conduct a comprehensive analysis; followed by another on administrative relative person Right of Resistance native disorders such as invalid administrative act a clear concept and standards confusion, confirmed the absence of an invalid type of administrative litigation, administrative responsibilities relative presence of obstruction of official business, the administrative body and administrative issues relative to other aspects of people's own objective description, and finally conclusion: In China, there are suitable administrative relative person the right to resist the living soil. The fourth part of the \Right. Next, the administrative exercise of the right to resist relative path is preset, including the exercise conditions, exercise mode, exercise effect, exercise have carried out specific and detailed risk default. Followed in order to protect the administrative relative person the effective exercise of the right of resistance, I also created a corresponding system for matching, mainly the establishment of \administrative reasons the system behavior. The fifth part is conclusion part of the administrative relative person to resist rights in our country was founded for Outlook, administrative relative person to resist rights as an integral part of the administrative counterpart procedural rights, it should be specified in the brewing of the \Republic of the Administrative Procedure Act \

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