The Protection Of The Administrative Counterpart In The Dissension Of Administrative Competence

Though the dissension of administrative competence is not a new problem, protection of the administrative counterpart in the dissension of administrative competence is a quite new area which needs to be focus on . But now, few scholars pay attention to this problem.The dissension of administrative competence as an intrasystem question was regarded as conflict among administrative organs. This opinion ignores the benefits of administrative counterpart. When the notion of the right is more and more popular, we find that administrative action just like a conduction which transmits the conflict to the outside system and affects the particular administrative counterpart.Tracing back to the administrative authority allocation, we'll find the protection of the administrative counterpart is not going into consideration from the very beginning. Considering the specialty and technicality, it seems reasonable for bureaucracy to allocate administrative power. In this process, the protection of the administrative counterpart is not an urgent mission. On the other hand, the procedure to solve the dissension of administrative competence is considered as an internal procedure and administrative counterpart is excluded to partake in. The absence of the administrative counterpart is obviously not good for the protection of the administrative counterpart .Thus, to adjust this procedure seems necessary.The dissension of administrative competence can not be reviewed directly by court. Even in Japan and German, the court is very cautious to go over the disputes between administrative organs. In Japan and German, Organ Litigation doesn't aim to solve the disputes between administrative organs, nor to protect the right of the administrative counterpart. But this dose not mean court can do nothing to protect the right of the administrative counterpart. In fact, when specific administrative action is produced, the court has the right and responsibility to review this action, no matter whether the dissension of administrative competence exits or not .However, if there is no specific administrative action, the dispute between administrative organs is just an intrasystem problem, and it's wise to leave this matter to bureaucracy.