| The procedural rights of private persons are important components of their public law rights. Under bilateral legal relations, the discussion of procedural rights is often framed from the dual perspective of the substantive law effects and judicial review of procedural defects. In trilateral legal relations, both procedural law relationship and substantive law relationship are present in the framework of administrative handling of multilateral conflicts of private interests, and judicial protection of the procedural rights of the third party involves not only the question of whether procedural rights are independent but also such questions as how to avoid the strengthening of the procedural status of one party by inappropriately reducing or even sacrificing the interests of the other party’s substantive status and how to prevent procedural defects from becoming the only element in the decision on the allocation of risk under the weighing framework of conflicting interests. Under the theory of public rights, the procedural rights of the third party, like the procedural rights of the counterparty, are only relative in principle, and the absolute procedural rights independent of substantive decisions are exceptions. The court’s review of the procedural defects cannot be carried out without the review of substantive decisions. While preserving the space for substantive review by courts, the goal of protecting procedural rights can be achieved by opening up the right of action as far as possible, recognizing more absolute procedural rights, and compressing the review of substantive content by courts. |
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