| Harmonious socialist society should coordinate the relationship between the interests of all parties and resolve social contradictions of the society. The establishment of the administrative dispute resolution mechanism is absolutely necessary for the harmonious socialist society. Administrative dispute resolution mechanism is a security procedure for the administrative relief system. In our country, series of administrative remedies have been promulgated and implemented, such as the "Administrative Reconsideration Law", the "Administrative Procedure Law" and the "State Compensation Law". Based on these substantive laws, the fundamental rights of citizens infringed by the administrative organs can be basically guaranteed. However, the listing of related law items does not mean that the administrative relief system is established completely. How to standardize the essential elements associated with the administrative relief on a scientific way, and organize the elements into an integrated system which can-better protect the fundamental rights of citizens, is just the aim of this study.In the first part of the article, the basic theory of the administrative dispute resolution mechanism, and the meaning, characteristics and elements of the administrative dispute were described. Then the bottle-neck of the administrative dispute solution system in our country was defined through respectively analyzing the current judicial, administrative and legislative remedies to the administrative dispute, and the cooperation among these remedies. In the third part, the administrative dispute resolution mechanisms of foreign countries such as the United Kingdom, France, Japan etc. were compared, and their advantages were summarized which might help to improve our relevant system. Finally, a blueprint of the pluralistic dispute settlement mechanism in our country was put forward, and the detailed construction design was described based on the objective analysis of the flaws in our exsiting system.
|
PDF Full Text Request