The Research On The Resolving Approach Of The Administrative Jurisdiction Conflicts From A Legal Perspective

That the authority is ruled by the law is the basic principle which the Administrative organ must follow in implementing management. If only the authority is clear, the responsibility is explicit, the cooperation is coordinated, the various administrative organs have the possibility to realize the effective management. Otherwise, it will seriously hinder the normal government manages advance. That the unclear jurisdiction , and the overlapping authority between the Administrative organs have alternately become one of the primary factors in hindering the administration according to law currently. At present the State Council Departments have more than 80 responsibilities overlapped. The overlapped functions have brought a series of questions alternately. It seriously influences enhancement of administrative efficiency. It has harmed the administrative relative person's legitimate rights and interests enormously. Communist Party of China 17th Representative assembly and The Communist Party of China 17th Second Plenary Session have proposed explicitly that we must increase the organization conformity dynamics, explore the unification function organic of big department system. Therefore, the research in resolving approach of administrative main body's jurisdiction conflicts has the significant theoretical and practical significance.The thesis can be divided into three parts: part one, the author mainly introduces the concept, characteristic, sort, performance, harm, origin of administrative jurisdiciton conflicts, combing the existing solution and analyzing the malpractice, this could bring a flat roof to it. Part two, the author analyses the overseas resloving approach of the administrative jurisdiciton conflicts , then it can provide the reference rule for our country. Part three, the author introduces the legislative way, administrative way and judicial way to the administrative jurisdiciton conflicts. Elaborating institution lawsuit way in the judicial way emphatically is to establish a perfect resloving solution of administrative jurisdiciton conflicts with own meager strength for our country.