On Administrative Adjudication

Administrative Adjudication System is an indispensable part for the function of administrative institutions in China, plays an important role in settling disputes. However, the function of Administrative Adjudication is limited due to the deficiencies of its institutional structure. This paper aims to improve and develop the Administrative Adjudication in China, uncovers its present problems and analyzes the sticking point then raises countermeasures .The first part introduces some basic concepts of Administrative Adjudication in China, This chapter starts with the concept and the feature of Administrative Adjudication, then brings it that Administratie Adjudication refers to concrete administrative actions that administrative institution takes under the authority of laws and relative codes as third party to adjudicate specific civil disputes which have close connection with administrative activities and take place between two equal partys. Then the paper analyzes the nature of Administrative Adjudication, argues that the power of Administrative Adjudication is the combination of jurisdiction and executive power. It also explicate the foundation of Administrative Adjudicaiton System and the meaning of the existence of Administrative Adjudication.The second part is a introduction of several foreign Administrative Adjudication systems that are typical and relevant or similar with the system in China. The third part mainly scans the legislative and executive condition of the Administrative Adjudication System in China, uncovers its deficiencies during its function such as the disunity of the titles of administrative adjudication laws, the loss of cohesion and independece of the adjudicative subject, the unclear demarcation of the system's range of implement, the disorder of relieving measures and the disunity of procedures.The fourth part concentrates on the consummation of the Administrative Adjudication System of China. Aims to improve those deficiencies mentioned in Chapter Three, the author addresses some self-confessed reasonable suggestions ,for example, to unify the titles of Administrative Adjudication laws, to determine and widen the range of implement of Administrative Adjudication, to consummte the institutions of Administrative Adjudication, to endow the Court with limited judicial change right of administrative litigation and to establish Litigation Party System of China .On the basis of the demonstrative research and comparison method discussesd in above chapters, the Conclusion is made that pushing for relative legislation of Administrative Adjudication System is the final effective countermeasure. It is suggested to amend the deficiencies in the design of the system, to bring into relative advanced Western laws and to constitute a unified Administrative Adjudication Law as soon as possible.