The Research On The Systems Of Administrative Adjudication Procedures

In modern society, people's right consciousness and legal consciousness has enhanced increasingly. Most of the contradictions and disputes can't be solved efficiently only by the judicial means. People began to know and accept the administrative adjudication, which is an inexpensive, simple, professional and flexible system. In western countries, the system of administrative adjudication has developed perfectly and has become the mature administrative and legal system, and has also become an important part of modern administrative low. The system of administrative adjudication is an important legal adjustment domain in America, England and Japan. The system of administrative adjudication has developed and played an important role in administrative and legal system in China as the disputes caused by the property of land, forest, and land should be solved by administrative adjudication and the significance of it can't be replaced by other systems. It's a pity that there is no unanimous administrative adjudication procedure. Although the academic circles have reached the agreement on the basic theory problems of administrative adjudication procedure, there are still different opinions on constructing the system of administrative adjudication procedure. It's clear that the research on this issue is still rather weak.Administrative adjudication procedure can guarantee the just, fair, reasonable, and legal administrative adjudication. However, in China there are some scattered regulations of administrative adjudication procedure. The lack of procedure regulation can lead to the abuse of adjudication rights, which is harmful to the solution to the disputes and can damage the rights and interests of citizens. It's more important to construct the system of administrative adjudication procedure, make the basic principle and improve the basic procedure system. The construction of administrative adjudication procedure should adhere to the principle of publicity, participation principle, defense principle of both sides, reason-giving principle and efficiency principle. As for the basic procedure system, it should follow the prescription system, Challenge System, the system of information publicity, hearing system, evidence system and temporary legal protection system, which are the indispensable and important parts of administrative adjudication procedure.