行政法中行政相对人义务的权利对应研究

Research on the Corresponding Rights of Administrative Relative Person's Obligations in Administrative Law

行政法中行政相对人的权利与义务应该是基本对应的,但立法与执法实践并非如此,有时恰好相反,行政相对人履行了义务却没有权利对应。行政相对人义务的权利对应的理据在于:公民的权利是行政权的来源,缺失权利的行政法不是行政法本身,权利的明确,行政权的行使才具有正当性,公民权的保护才能到位。行政相对人义务的权利对应的实现需要做到:权利意识的提升,相对人权利法定范围与内容的扩大,权利推定的深度承认,以及行政相对人的权利对应的行政主体义务的强化。

The rights and obligations of the administrative counterpart in administrative law should be basically corresponding, but this is not the case in legislation and law enforcement practice. Sometimes, on the contrary, the administrative counterpart has fulfilled its obligations but has no corresponding rights. The reason why the rights of the administrative counterpart correspond to their obligations lies in the fact that the rights of citizens are the source of administrative power, the administrative law lacking rights is not the administrative law itself, the rights are clear, the exercise of administrative power is legitimate, and the protection of civil rights can be put in place. The realization of the rights corresponding to the duties of the administrative counterpart needs to be done: the promotion of the awareness of rights, the expansion of the legal scope and content of the rights of the counterpart, the deep recognition of the presumption of rights, and the strengthening of the duties of the administrative subject corresponding to the rights of the administrative counterpart.