论行政相对人的陈述权

The Right to Statement of Person Subject to Administrative Action

陈述权是行政相对人权利由实体向程序、由普遍向个别转化趋势中一种相对新型的权利,具有人权保障、强化行政程序地位、体现行政正义、和谐行政法关系的价值。然而,这一权利除了体现在我国个别行政法文件中,一直以来没有得到理论和实务界的重视。目前这项权利的法律规定存在严重误区,从规范化行政法治的角度讲,行政相对人陈述权应作为行政相对人基本权利、应当建构为一个权利体系、应当有规范化的典则作为渊源、应当与行政法相关制度的完善结合起来。

Being a relatively new right in the trend of transforming from the substantive to procedural and from general to individual right, the right to statement of person subject to administrative action embraces the values of protection of human rights, enhancing the status of administrative procedures, representing administrative justice and harmonizing administrative relationships. However, the said right has all along been ignored by theoretic and practical circles, except mentioned in some administrative documents in China. This is undoubtedly a big defect in administrative rule of law in China. Currently, there exist serious mistaken - understandings in the legal provision concerning the right to statement of person subject to administrative action. From the perspective of normalizing administrative rule of law, the right to statement of person subject to administrative action should be defined as a basic right of the person subject to administrative action,and constructed as a right system. Further more, it must take normalized rules as its sources, and develop side by side with the improvement of relevant systems within administrative law.