Administrative Authority Controversial Ruling Mechanism

All public management system may possibly appear the function unbalance and benefit conflict, so the administration legal power dispute exists in entire chain of command. Due to the impact of the complex objective and subjective factors, in our country's administrative practice, administrative subject will inevitably produce administrative authority disputes in the process of exercising administrative authority. And since the lack of institutionalization and standardization of the law, these disputes are very difficult to be timely and effective solution. It will not only leads to instability within the administrative system, and affects administrative authority and administrative efficiency, but also would seriously damages to the lawful welfare of the administrative relative person and the social public. Thus, it is urgently needed to improve a sound legal solution in administrative law theoretically. At present, the academia concern on the problem of not enough, and not having in a systematic and comprehensive study. Therefore, the solution of the administrative authority's dispute is that our country ruling by the rule of law cannot be avoided topics. Putting it into the legal framework of the study, have important practical and theoretical significance.The thesis can be divided into four parts. The part one is based on the elementary theory of the administrative jurisdiction disputes. The author have a classification and define the concept of the administrative authority's dispute in the subject, object, character, denotation and the time. This thesis presents the disputed issue of administrative authority with legal attributes, it is not only a problem within the administrative system is a legal issue, therefore, should be integrated into the legal system to regulate. The second part from the legislation and practice two levels of the administrative authority of our traditional dispute resolution mechanisms, as well as the status of a few problems. The third part of the main ruling in accordance with the different divided into three categories on the national and regional administrative authority dispute ruling mechanisms were introduced, and from the abstract to some useful enlightenment to our country. The part four in the light of our country's national conditions and learn from other countries and regions competence controversial ruling mechanism on the basis of the mature experience. The author puts forward our country's competence should be taken controversial ruling model. Finally, the author put forward the choice of the ruling and the main ruling to be followed by the basic principles and specific procedures. This is the innovation of this paper.