The Functions Of Administrative Justice

With The Free State in transition to The Social Welfare State, the change of the concept of separation of powers and limited integration between executive and judicial power, administrative justice has been become a unique administrative law phenomenon. It contains two factors:administration and justice, which means a balance between efficiency and individual justice. However, in essence, just as UK's Administrative Tribunal is a referee, "administrative" here is just a rhetorical attributive, the nature of administrative justice is still a judicial action. Administrative-judicial power can only come from the legislature. It is an application of the judicial power that simplifies its procedure. Different from modern public administration which emphasize on legal and judicial process, the administrative justice must follow the basic rules of justice, being close to the courts in such aspects as the organization, personnel, trial procedure, rules of evidence and so on. In this sense, we can say that administrative justice has unique features of its own except the functions of court. Facing the reality of conflict-prone in Chinese transformation society, it is a great practice of the configuration of modern judicial power to construct a fair, efficient and authority administrative judicial system, which is also a response to the times of social change. Therefore, we choose to research the performance of the administrative justice from a functional perspective, which will be good for resolving disputes effectively, protecting civil rights and reducing the burden on the courts.Furthermore, it is also of great significance and value to promote the construction of government of rule of law and harmonious society.Although the administrative justice is so important, it doesn't win enough attentions. The research of principles, techniques, and system of administrative justice can be described as very weak. This article is an attempt to the study of the functions and basic theory of the administrative justice. I try to begin my research from the view of the administrative justice functions, visit the changes of administrative justice under the separation and integration of executive power and judicial power in western, sum up the main features of contemporary administrative justice including ruling disputes, protection of human rights, self-censorship, thinning the source of courts. At the same time, any social science research must be concerned about the "problem domain", in response to what the state and society needs. To this end, the author selects as an example of Administrative Review, analyzing the differences between Administrative Review Law's statutory functions and functions in fact through case studies, it is found to play maintaining regulation, the formation of public policy, economic regulation and political balance and other functions. At last, this paper makes an induction and construction about the functional space to administrative justice, tries to build the executive settlement system, and defines the administrative justice in the "remedy chain". The administrative justice's future prospects, the right to social justice, decentralization, ADR's development is bound to further strengthen the functions of the executive authorities to resolve disputes and promote the diversity of administrative justice.