The Handling Mechanism Of Administrative Jurisdiction Disputes

Because of subjective and objective, legislation and enforcement, administrative government system and so on, administrative subject will produce inevitably administrative jurisdiction disputes in the process of exercising administrative authority. Administrative jurisdiction disputes are the law disputes which between administrative subjects because administrative authority delimits and exercises. It leads to the unstable of the administrative internal system, and affects authority and efficiency of administrative power, more importantly damages to the lawful welfare of the administrative relative person and the social public. Therefore, handle administrative jurisdiction disputes properly and efficiently appears especially important At present, the handling mechanism of administrative jurisdiction disputes is found in the single legal documents, lacks institutionalized and standardized legal rule, and damages to handle administrative jurisdiction disputes. Therefore we must learn from foreign mature experience of handling administrative jurisdiction disputes, perfect the handling mechanism of administrative jurisdiction disputes and bring it into legal system. This article tries to look for the handling mechanism of administrative jurisdiction disputes through the literature research technique, the comparison research technique and concrete examples. This article is based on the elementary theory of administrative jurisdiction disputes; first introduces foreign experience of handling administrative jurisdiction disputes, and points its enlightenment significance to China. In the following, this article has its detailed analysis from the legal mechanism, the administrative mechanism and the judicial mechanism, and points its deficiencies. All that will help to construct the handling mechanism of administrative jurisdiction disputes. Finally this article constructs the handling mechanism of administrative jurisdiction disputes in China by using foreign mature experience for reference and making up ours flaws and deficiencies. Namely the legal mechanism, the administrative mechanism and the judicial mechanism mutually coordinate, mutually restrict, and handle administrative jurisdiction disputes together, will realize government by law and the harmonious social goal. And this is also the innovation and importance of this article.