论行政相对人法律地位的提升

随着现代公共行政的发展，行政主体与行政相对人的关系发生了根本性的变化，行政相对人已不再是单纯的被管理，其地位得以提升，突出表现为：服务行政观念的逐步确立，柔性、富含民主精神的行政方式被广泛运用，非政府公共组织的大量产生等，为相对人法律地位的提升提供了现实基础；行政公开是行政相对人法律地位提升的必要前提；行政参与是行政相对人法律地位提升的有效途径；推行服务承诺制是行政相对人法律地位提升的有益探索。

On Promoting the Legal Position of Private Party in Administration

With the developing of modern public administration,the relation between private party in administration and administrative subject has changed thoroughly. The private party in administration is not only a simple party to be governed any more. It position has been promoted. The evidence is that the concept of administrative service has been established gradually,the flexible administrative forms which contain democratic spirit has been applied widely, nongovernmental organizations have been produced enormously and so on, all of which have provided realistic basis for promoting the legal position of the private party in administration. In order to promote the private party in administration, open administration is the precondition,administrative participation is the valid way and it is a useful to try carrying out the that service-promise system.