Research On Administrative Adjudication System

Administrative adjudication is a kind of judicial action carried out by administrative agencies or other designated organizations. In this action, according to the authorization of law and the application of the litigants, administrative agencies or other designated organizations investigate the specific civil dispute which is closely related to administrative management activities. In western countries, as a kind of quasi-judicial action, administrative adjudication is the breakthrough of the traditional thought of separation of powers and the inevitable result of the social economic development. Being the supplement of court jurisdiction, it has unique value in dealing with specific social disputes. However, there are still some defects in the present Chinese administrative adjudication system, such as the disunity of names, the uncertainty of the nature, the imperfectness of procedures, the discordance of ways of relief, and so on. Thus the value of administrative adjudication system has not yet been fully realized and exhibited. It is urgent to establish the Administrative Adjudication Act of the People's Republic of China to well define the quasi-judicial nature of administrative adjudication and set up its independent agencies. Only under unified and normative ruling procedures and ways of relief, can the relationships between administrative adjudication and administrative enforcement, administrative reconsideration, administrative proceedings and civil actions be well rationalized, and a perfect, efficient and just administrative adjudication system established. By adopting the research approaches of comparison and contrast, value analysis, normative analysis and empirical analysis, this dissertation has a beneficial exploration on how to correctly understand and perfect the Chinese administrative adjudication system.