Journal:Hebei Law Science
Key Words:administrative jurisdiction conflict; protecting rights of the administrative counterparts; the resolution mechanisms; the allocation of administrative power; reconstruction of administrative procedure
Abstract:When it comes to the resolution mechanism of administrative jurisdiction conflict, the rights of administrative counterparts are always neglected. The administrative jurisdiction conflict has internal and external effects ,and the latter will affect the legitimate expectations and property interests of the counterparts. The existing resolution mechanisms will affect the rights of the counterparts in the process.In a sense, the conflict was a“ unqualified product” under the allocation of administrative power, and the rights of the counterpart are not taken into account in the allocation of powers. Weighing the defects of the protection of the rights and drawing on the positive factors in extraterritorial resolution mechanisms of jurisdiction conflict, it is necessary to protect the rights of the counterparts. Only by reconstructing the administrative procedure and promising the administrative counterparts can actively participate in this process, the rights of the administrative counterpart can be protected. Specific recommendations include: giving the counterpart the right to initiate the process, expanding the scope of the initiator, limiting the time to resolve jurisdiction conflict, improving the remedy procedures, endowing the jurisdiction resolution with finality of the effectiveness, set up special resolution mechanism in case of emergency.
Note:CSSCI扩展版、北大核心
Indexed by:Journal paper
Discipline:Law
Document Type:J
Issue:2
Translation or Not:no
Date of Publication:2018-01-17