Improve Our Administrative Rulings The Legal System

The frame of administration arbitration, which meets people's needs in judiciary remedy with swiftness and low cost in times of economic market, and the arbitrators in which have both knowledge of law and adminstrative experience, has its advantages over the frame of administration litigation in solving civil and economic disputes concerning administrative regulation. It is playing a more and more important role in the legal systems. However, there lack uniform provisions regarding the administration arbitration frame in our country and the relative administrative judiciary system does not match the unique characteristics of the administration arbitration. Thus the role of administration arbitration frame is severely and adversely confined.On account of the special glamour of administrative arbitration, a lot of scholars show strong interest in styding it so that a large quantity of relative excellent study fruits have recently stood out in our research field. Generally speaking, nevertheless, the researchers in our country do not comprehensively examine the administration arbitration frame put in the whole administration judiciary systemm, instead they have been confined to studies on improvements of and complements to some concrete frames Moreover, up till now there has not been a monograph on administration arbitration in the relative studying circles, which is inconsistent with the part of administration arbitration played in reality with ever-increasing importance.Strong interest was aroused in studying the frame of administration arbitration just on the basis of the above said problems, theoretical and practical. Therefore I had a deep and systematic study on the frame of administration arbitration.Part One introduces the frame administration arbitration and a definition relating it is given. This part begins with a definition of the inherent sense of administration arbitration, then a comparative and quantitative and qualitative discussion is made of its nature, classification, principles as well as value and function. Hence conclusions are drawn that administration arbitration should take efficiency and equity as its principle, and that the necessity and rationalityof its existence is justified by many factors such as the demand for personnels with specialized knowledge and administrative experience.Part Two chiefly focuses on the relatively detailed relation of western administration arbitration frames such as UK and USA, which are the examples of common law system in this repect, as well as France and Germany, which are typical of the continental law system. Conclusion are came to that the two systems see a common trend to make the ways judiciarily systemized in solving disputes concerning administration regulation, that they both secure the indepence of the arbitration organizations and personnels, and guarantee the arbitrators' acquirement of relative knowledge and experience, and that they keep the proceedings of arbitration, administration and litigation respectively independent.Part Three is the core of this essay, which makes an attempt to find a way out for the perfection of our administration arbitration frame through an ayalysis of the main problems in the frame of administration arbitration and the relative administrative judiciary system in our countries. Some suggestions aiming at restructuring and perfecting the administration arbitration from a overall perspective of administrative judificature are put forward: 1) to integrate the administration arbitration, administrative arbitration and administrative reconsideration to set up one uniform organ that deals with the administrative disputes; 2) to establish independent administrative courts by separating the administrative sectors from the current court system; 3) to strengthen the study of administrative examination procedure in order to constitute a procedure that fits administration arbitration. In the end an emphasis is put on that only law-making and -executing efforts sustained, can the part of administration arbitration b...