Administrative Adjudication Of Civil Dispute

Administrative adjudication means that administrative services interjacently verdict the given civil dispute between difference parties with authorization of law. It is one kind of administrative justice behavior that resolve the civil disputes for maintaining administrative order. Administrative adjudication breaks the traditional mode of separation of powers and meets people's need to relief with swiftness and low cost in times of market economy, so it exerts very significant influence on effectively allocating economic resources and resolving social disputes. Because of the backwardness of the institution of our country, the application of administrative adjudication power is largely out of control of the law. This is not only unfavorable to make the full play of administrative efficiency, but also unfavorable to protect the relative's rights. So we are facing a pressing mission that is how to rule and perfect the administrative adjudication system of our country.This article have a discussion about the predominance and feasibility and justice of administrative adjudication, then summarizes the actuality of administrative adjudication system in China and indicates its drawbacks. Hence conclusion is drawn that administrative adjudication system of our country should be reconstructed. This article has four chapters except preface and conclusion.Chapter one: attaches great importance to the elementary theory of administrative adjudication. This part begins with a definition of the inherent sense of administrative adjudication, then author have made analysis on its characteristic and legal nature. Form the upper content, author have made analysis on its predominance, feasibility, justice and scope.Chapter two: foreign administrative adjudication systems. In this part, author introduce administrative tribunal of England, independent regulatory commissions of America and administrative commissions of Japan, then sum up its inspiration.Chapter three: actuality and reconstruction of administrative adjudication in China. In this part, author analysis the substantiality and procedure's drawbacks on the base of summarizing the active rule of administrative adjudication system of our country, then put forward the basic principle of reconstruction and the respect of institution design. Chapter four: design of adjudication procedure and institution of adjudication relief. In this part, firstly, author analyses the necessity of procedure design, and advance that justice, fair first and power control should be the as main value in the course of procedure design. At the same time, author emphasizes that the procedure of administrative adjudication should be independent and integrated and concrete. Secondly, author analysis the relief mode of administrative adjudication, and advance that we should distinguish administrative adjudication, and apply different relief modes.From the upper contents, we can draw a conclusion: administrative adjudication can effectively resolve some given dispute concerning administrative regulation. Because of the backwardness of the institution of our country, the exertion of administrative adjudication's predominance is restricted. Author advise that we should enhance the quality of legislation and govern administrative adjudication.