On The System Of Administrative Remedy

The system of administrative remedy is a system of protecting the civil rights of legal relief. In real life it plays supervise law enforcement by the administrative organs to protect the legitimate rights and interests of citizens, to safeguard national and public interests ultimately. Chief of the traditional relief system to handle more controversial as the starting point. Designate a principal and the executive organs of illegal or improper administrative relief for the whole understanding of the scope of the system of administrative remedies. This paper tried to transform a way of thinking, the main object of the right combination of relief. First of all, by analyzing executive power, the interaction between the executive power and civil rights, and to consider the balance between the executive power and judicial power in this first part. Chief Administrative Relief for a specific definition of administrative and civil dispute, legal persons or other organizations dealing with the specific civil disputes, and then damage the legitimate rights and interests of citizens relief. Then, the second part of this paper to further analyze the value of the system of administrative remedies, the basic function and principles.Regard justice, administrative relief order and efficiency as the main target of value. The basic function is addressing social disputes;vindicating,the citizens legitimate rights and interests of legal persons and other organizations; administrative supervision and administration according to law and improving administrative efficiency. The basic principles of relief is relieving by law;redressing when aggrieve happens;a preferential redressing in administration;redressing department neutralism and redressing program opening. Finally,the third part attempts to re-building the system of administrative remedies under this concept.This institutional division will include the dealing with the administrative disputed and the specific civic disputed and the petition system. With a view to finding administrative relief system suited to China's national conditions, the real purpose is protecting the rights of citizens. For the rule of law, thus laying a solid foundation for building a harmonious society and social infrastructure.