Administrative Authority To Resolve Disputes, Acts Of Nature Study

As to the nature of administrative agency solving dispute, there are a lot of controversy in theory in modern China. The confusion in theory just leads to a series of problems in practice, seriously weakening the role of administrative agency solving dispute.In this paper, the author deeply analyzes the nature of administrative agency solving dispute. The article is divided into five sections:The first part beginning with several basic theoretical problems related to the nature of administrative agency solving dispute, analyzes the meaning of judicial power and basic features of judicial power, preparing for expounding the next part.The second part probes into the nature of administrative agency solving dispute. Firstly, this part mainly analyzes the present situation of administrative agency solving dispute and the main theories of the nature of administrative agency solving dispute. On the basis of what analyzed above, the author expresses her own view, that is, the nature of administrative agency solving dispute is judicial action. Next, the author briefly discusses the theoretical basis of administrative agency exerting judicial powers.The third part from many aspects discusses that it's necessary and feasible to delegate judicial powers to the administrative agency for solving dispute. This part introduces related western successful systems in detail. Moreover, combined with the present situation of China, the author holds that administrative agency solving dispute is a very important and feasible way to settle disputes.The fourth part makes an exposition on the principle that administrative agency must follow, in order to restrain the action of administrative agency solving dispute.The fifth part analyzes the present problem in the system of administrative agency in China, reflecting thoroughly on the system of administrative agency solving dispute. Finally, the author gives her own advice on solving these problems.