Research On The Judicial Relief Of Administration Adjudication

Administration adjudication is a kind of action carried out by administrative agencies. In the action, according to the authorization of law, administrative agencies investigate the specific civil dispute which is closely related to administrative management activities. The action reflects the new type of power fused by executive power and judicial power and achieves two targets of administration and justice. In the Western legal tradition, administrative agencies don`t have jurisdiction. Administration adjudication is the breakthrough of the tradition. Compared with the judge, administrative staff is more suited to deal with disputes. Advantages depend on the complexity of the modern dispute. Because of the tradition of integration of Judicial and administrative, administration adjudication can be accepted and be developing. The mainstream view of academia is that administration adjudiction is a kind of administrative action. So, the research of administration adjudication is lagging and the system of judicial relief is imperfect. In practice, this situation has caused such consequences that system can not play their expected roles and the civil subject is difficult to safeguard legitimate rights and interests. The purpose of the writing this thesis is to deepen the theoretical understanding of administrative adjudication system on this basis.Besides the introduction and conclusion, this thesis is composed of four parts.Firstly, this text has carried on the discussion to the basic theories of administrative adjudication. The text defines the elements of the concept of administrative adjudication and points out that the action reflects the new type of power fused by executive power and judicial power. The concept of administrative adjudication has been redefined, and then similar concepts have been distinguished.Secondly, it particularly analyzes the relationtionship between administrative adjudication and litigation. Legal provisions and cases have been analyzed. the system of judicial relief is imperfect. In particular, the current system is to increase the difficulties of resolving civil disputes, which is a departure from the original intention of the system.Thirdly, this text analyzes the two paths of incidental civil litigation case during administrative action and litigant to take a legal action. It pointes out that the path can learn from each other and the inadequacies.Fourthly, it views that legislation should set clear standards for administrative adjudication. Administrative agencies can play the advantages of professional and efficient and do not intervene controversial matters of public interest. Give the administrative agency a similar position with the court and grant subject to the right to choose administrative adjudication. And also explicitly set the two sets of parallel proceedings.