The Judicial Review Of The Administrative Adjudication

Recently, the attention paid to administrative adjudication is far more than that of the judicial review of the administrative adjudication in the administrative theory world, which causes a slow development and an incomplete theory system of the judicial review of the administrative adjudication. Lack of the guidance of some theory and the incomplete laws and regulations, there are many cases in which litigants don't agree with the administrative adjudication and sue to the court. Some court treats this case as a civil proceeding, some court treats it as an administrative proceeding; rendering the rights of the litigants can not be protected effectively. The situation is anxious. The article starts with the presentation of some basic theory matters. Based on the analysis of the similar system of the administrative adjudication abroad, the author of this thesis tries to put forward some suggestions to optimize the system. The article includes five parts:The first part is introductions, which includes the history and the statute of the study, and summarizes the defects, then raises some new ideas.In part two, with the introduction of the administrative adjudication and the contrast of the similar concepts, the article defines the concept of the administrative adjudication, therefore, the concept and the features of the judicial review of the administrative adjudication are presented to us.In part three, it introduces the system in other countries, such as England and the America being the delegate of the Common law, France and Japan being the delegate of the Continental law. In part four, the article analyzes the statute of the administrative adjudication in our country and points out the existing problems and the reasons, to which the solution will discuss in the following part.In part five, the article gives some suggestions to optimize the system. The author of this thesis put forward some suggestions: the judges should have the power to modify administrative acts in some situations, and the system of the collateral administrative proceeding in civil proceedings should be set up. The author hopes that the article will be valuable for the practice in our country.