The Research On Administrative Adjudication

Administrative adjudication is the executive act characterized by the neutral role the executive agencies playing in resolving the civil dispute over the administrative execution occurring between different parties. Administrative adjudication exerts very significant influence on effectively allocating economic resources and resolving the social disputes. However, the research on administrative adjudication carried out within the domestic academic area is mainly focused upon the remedy, without the comprehensive analysis and effective accommodation, failing to adapt to the trendy development of the administrative law. By looking abroad for reference to value-orientation embodied in administrative adjudication in western countries tinged by local adaptation considering china country-specific situations and analysis the characteristic of administrative , reconstructing the administrative adjudication is an important aspect of administrative rule of law.This article is divided into five chapters:The first chapter introduce the value analysis and theoretical identity of administrative adjudication . Firstly, the author defines and generalizes the definition, features, nature and categories;secondly, the author scrutinizes the internal mechanism of administrative adjudication from jurisprudence, politics, and social science perspective;thirdly, the author concludes that administrative adjudication can be expected to propel the economic development and resolve the social dispute in the market economy backdrop.Chapter two explain the introduction and assessment of the foreign administrative adjudication institutions. The author puts forward some insightful ideas on arbitration agency, arbitration procedure and remedial mechanism by making reference to the introduction of four typical countries administrative adjudication institutions.Chapter three analysis the current scenario facing china's administrativeadjudication system. In this chapter, the author finds out the persistent problem facing china's administrative adjudication system: the ambiguous legislation, the absent procedure, the displaced remedial measures. More important, the author analysizes the reasons viewed through the social structure adaptation.Chapter four reconstructs administrative adjudication system. Based upon the systematization in combination with china's rule of law practice, the author puts forward the basic principles governing administrative adjudication system: rule of law principle, impartiality principle, efficiency principle, preset meditation principle. Under the guidance of these four principles, the author specifies in detail each aspect of administrative adjudication system.Chapter five is the institutional design of administrative adjudication remedial measure and establishes the principle and line of thought in expanding the administrative adjudication remedial measures. In retrospection of the legislation coupled with analysis of the theories, the author brings out fresh ideas in expanding the remedial channels, setting up smoothly functioning and citizen-friendly remedial channels with the expectation that the reconstruction better and much more effectively protect the legitimate rights and interests of administrative counter parties.Author adopts balancing theory as macro-jurisprudential guidance. By utilizing upon the historic and comparative methodology, adopting the logical reasoning of normative and legislative analysis together with sufficient reference to theoretical results in social, political and economic sciences, the author comprehends administrative adjudication system from different horizons and various perspectives and brings out constructive views in improving administrative adjudication system with adaptation to china country-specific situation.