Administrative Authority To Resolve Civil Disputes

In China,though traditionally administrative departments are also responsible for the supervision of judicial departments. The study of the settlement of civil disputes by administrative department starts very late and there are great divergence about the range of its supervision. The essay holds the view the administrative departments are responsible for the settlement of the following two specific civil disputes, eg administrative mediation and administrative adjudication .As to administrative mediation ,the essocy holds it is a kind of activity, presided by administrative departments, based on policies and laws of the country. So as to pursudde both the litigants voluntarily reach the agreement and dispel the disputes by friendly negociation and mutual understanding. As for administrative arbitration, it has different understanding according to the different angle of illustration. Generally speaking it can be classfied into three catalogues e.g. ultra-broad arbitration^ broad arbitration and narrow arbitration. The essay insists the view that the narrow one is more suitable with the connotation of administrative adjudication. It can be concretely defined as a concrete administrative activity made by the executive bodies on a concretely stand which deal with civil disputes closely connected with administrative administration.After the accomplishment of bourgeois revolution in 18th century in western countries ,the system of separation of the three powers has been established to be the governing policy in the countries' political field ,people believe firmly under the system, the duty of the government is only to be executor. As the develepment of science technology and economy, when taking government's power into consideration, people first of all think of how to improve its effiency and then try to avoid the abuse of the power. Supported by the active national concept, cooperative principle gradually becomes the dominant principle in the system. Further more, because the modern administrative department managing civil disputes, law courts, lack professional knowledge and poineering spirit, to meet the request of modern administration, to executive departments boasting of the extensive, synthetic and professional management of civil disputes and the law cast are doomed to be the department to settle down the civil disputes.In the legislation and judicial practice in our country, there exists a lot of problems in resolving civil disputes by administrative departments.I .The lack of scientific prescription . The language used for administrativeadjudication is in a mess, the legislation for the approaches to dispute relief is also ambiguous and there is no unitary definition of relative legislation. All the aboved metioned have greatly prevented the administrative department form fulfiling the duties and form safeguarding the lawful rights of litigant.II .The unindependented position the administrative department responsible for the settlement of civil disputes. A fair adjudication can only get by a fair orgnization according to fair procedure. Yet the administrative department responsible for the settlement of civil dispute in our country almost get us independent right and has no differences from other administrative departments. Such a position can rarely guarntee a fair adjudication.III. The lack of legal and administrative effect. Administrative mediation has a long history in our country. If it hasn't been endow with legal effect, it will certainly cost the waste of administrative mediation system resources, reduce the reliability of administrative department, add the burden to the judical departments and increase the cost of social administration. It is also harmful to foster citicen's conciense to abide by the law and keep honesty and reduce the possibility to make up for the defects in the laws by administrative mediation.IV. The lack of procedural prescription. There lacks the concept of administrative procedure in our country's constitution, there are also no laws to normalive the admini...