Non-v. Administrative Disputes Settlement Mechanism

In recent years, some weak tendency group have aroused the extensive solicitude of society because of can not defend own legal rights and interests, making some radical behaviors and brewing tragedy. Though having administrative lawsuit and administration to reconsider administrative conciliation and letter visit etc. way can think to get the administration that executive authority hurts relative person offer relief, but many phenomenon that has occured show these relief way have not yet played the part of deserved role, just cause tragedy occur. Therefore in society in transition period, how to defend the legal rights and interests of administrative relative person are hurt by executive authority, are prompt for it to offer, just relief have become the present solution needed by country significant problem.Fact proof is administrative to claim because of the shortage of judicial resource, cost high can not solve more and more administrative disputes well. And administrative reconsideration, letter visit, the way such as administrative conciliation do not also resemble people expectation so play role. In new historical period, country has put forward to found the tentative idea of harmonious society, harmonious society is a dispute the controlled society in the scope that society can tolerate, so, how to control administrative dispute with minimum cost, in the scope that society can tolerate become the problem that we need to face. At the same time how to administrative dispute not tell solution mechanism with found harmonious society combine, is also a brand-new program, is now domestic to still have no person formal research and the expectation of the author with own effort, use not tell way solution administrative dispute with found harmonious society combine, to solve administrative dispute better to explore one road.Full text divides into the 4 parts of words of thirty thousands more than 9000 totally. It is the first to divide into expositionreforming and opening up to the outside world for more than 20 years, China is economic, the development of society bring include economic foundation, treat a series of changes such as country way, social member thought and the change of social relation, these changes the maintenance and diversity that causes benefit the normalization of personal benefit, and then the quantity that causes administrative dispute soar, need to find out channel to solve this problem.The second concept, nature, feature, cause, and classfication of partial specific analysis administrative disputes have a relatively specific assurance for administrative dispute, elaborate the existence of administrative dispute case as the disadvantage of society affects, so draw forth how to solve administrative dispute with better way, make society reach harmonious state, in these way administrative dispute not tell solution mechanism is most accord with social entire benefit.The partial beginnings of 3th have introduced present civil dispute briefly not tell the feature and concept that solves mechanism and not tell the dispute realistic meaning that solves mechanism, then go to sight transfer administrative dispute not tell solution mechanism come up, discuss in detail why want will not tell solution mechanism lead into administrative dispute field, retort administrative dispute can not go on not tell theory of solution, then through really certificate analysis method for our country, existing administration is reconsidered , letter visit , administrative conciliation, administrative complaint and administrative ruling etc. not tell the present situation that solves mechanism and is below make a relatively systematic exposition, have pointed out the basic defect of this some kinds of systems, according to feasibility condition need for reform.The part of 4th is the core of paper, it is system to not tell solution through joining existing administrative dispute, establishment is new and administrative to examine system, as themost major administrative dispute, not tell the way of solving , change from administrative pattern , the administrative sharp consciousness of human rights strengthen etc. aspect have discussed establishment the feasibility of this system, still make degree and Japanese country tax through judging with British administration to disobey examination system and the administrative adjudication committee geometric ratio of South Korean study comparatively, for the establishment of our country, administrative examination system offers reality experience and the pattern for reference. And for operation mechanism and the basic pattern of administrative examination system , the supervisor for that administrative examination people exercise power etc. have made brief exposition, in this part, the author has still put forward the administrative dispute of perfect establishment, not tell the key value that solves mechanism to lie in the brand-new viewpoint of the purpose that reaches to found harmonious society. At the same time, briefly exposition administration is examined the relation with administrative lawsuit and for establishment some misgivings of administrative examination system have made to explain. Additionally still not tell solution for excluding some administrative disputes besides administrative examination mechanism make to refine, for make entire administrative dispute not tell solution mechanism perfect more.