Abstract:

The right of administrative creation of a private party means a right to analyze and judge the developmental structure of administrative affairs shared by the private parties concerned and to make predictive suggestions on it. The subject of right is the private party, but its content is in the range of public rights and has inseparable relations with exercises of administrative power. It includes such basic categories as an innovative right to formulate administrative rules, to shape new legal relations, to design social mechanisms, and to choose important administrative affairs. To establish the private party's right of administrative creation helps to remedy the value of administration by law, balance its subjects, broaden its objects and realize its content. Therefore, the constitutional position of the private party's right of administrative creation must be established, and its administrative legislative protection must be strengthened.

Key words: the private party, the right of administrative creation, legislative protection