Research On Administrative Tribunal System

As a unique system in the British administrative law, administrative tribunal system plays a very special role in the process of building its administrative legal system. Since the establishment of the administrative tribunals, the amount of cases decided by the system have being increased year by year. And this not only greatly released the pressure of the court brought by the cases that must be decided every year, but also promoted the timely resolution of administrative disputes. Because of this, as a unique system, the British administrative tribunal system is referred and adopted by several other countries, including Canada, Australia, the United States, New Zealand, etc. According to their respective national executive characteristics of the judicial system, these countries made corresponding changes to establish their own administrative tribunal system, and worked with very good affections. Just in this broad background, this article go on with the discussion through translating and studying a large number of British administrative law scholars' monographs and papers on the administrative tribunal system, and strive to make China's administrative legal system can learn from the key point of the British administrative tribunal system.In the specific structure, the article is divided into five parts to start discussion. The first part start with the identification and confirmation of the nature and status of the tribunal to solve the long existing debate in British history on which one does the administrative tribunal belongs to, the administrative system or the court system? Because the British administrative tribunal system is a vast and complex system, in the second part the system is classified and each type is descript specifically. And hoping readers can understand the real working condition of the system. The third part mainly discussed the rules of procedure of the administrative system, and seek to find a common procedural rules for the whole system so as to overcome the disorder and arbitration of the system. The fourth part is a summary and analysis about the questions discussed above.Through discuss and analyze the last two major review of the system (Franks review and Leggatt review), this part try to give out some solution to solve some of the disadvantages mentioned in this article. Besides, the end of this part discussed the latest development of the system, so that we can follow the step of the modification. After referring to the reality of the administrative legal system in China, the last part try to learn some useful and appropriate experience from British administrative system to build Chinese administrative legal system, especially for some of the administrative systems that have the similar functions to the administrative tribunal, like the administrative review system and the administrative adjudication system.