On Forest Rights Dispute Settlement Mechanisms Of The Perfect

The authority balance rooting in equity is always considered to be the effective means of supervising and controlling the implement of legal and reasonable administrative authority. In the field of Administrative Law, the research related to judicial system of reviewing administrative action is on the spotlight of the domestic administrative law scholar at all times. However, on the view of the existing information, the administrative law scholars mainly concentrate to fragmentary discussion of the single judicial system of reviewing administrative action, without coordinating all the advantageous elements.Consequently, this paper intends to analysis the power resisting judicial system of reviewing administrative action, in addition with exploring the reasons of invalid operation of judicial system of reviewing administrative action, with the clues on solution system of issue in the forest ownership as a whole. On the foundation of reviewing the history of solution system of issue in the forest ownership and the multi-factors including the scope, force, time and effect of its examination, this paper analyzes the situation of judicial review involving with the issue in the forest ownership, alone with making the conclusion that invalid operation of judicial system of reviewing administrative action is not by accident but lots of irrational elements of Administrative Law system. Finally, the author hopes to search for the excellent solution with trying to adjust the Administrative Law system and coordinate all the advantageous factors of the examination.This paper is divided into three parts. The first part concentrates on situation and general concept of judicial review involving with the issue in the forest ownership. In the second part, on the foundation of reviewing the history of solution system of issue in the forest ownership and the multi-factors including the scope, force, time and effect of its examination, this paper analyzes the situation of judicial review involving with the issue in the forest ownership, alone with making the conclusion that invalid operation of judicial system of reviewing administrative action is caused by numbers of irrational elements of Administrative Law system. Exactly, in the judicialreview scope aspect, the administration decides after deliberation the system,the administrative ultimate ruling system freely to the judicial review scopelimit, and in the examination time aspect, the administrative action matureprinciple, exhausts the relief principle (including Administrative organadvance disposition, administration to reconsider prestige), the administrativeproceedings to examine limits the system to our country ownership of forestsdispute judicial review influence. Thirdly, the situation of judicial reviewinvolving with the issue in the forest ownership is related to limited activeimplement of judicial authority. The administrative proceedings existingexamined the level system to limit the jurisdiction effective movement.Because examines level system's unreasonable, in our country existinginstitutional framework, takes a administrative proceedings side litigant'sAdministrative organ to be higher than the jurisdiction execution main bodyfrequently in the authority rank. Next, in examination basis, The Judicialorgan acts as the administrative case to the Administrative organ specializedjudgment power's respect and the administrative standard to place on trial thebasis the condition , Limited the judicial review institution to be able to movethe space. Once more, in judicial review action aspect, The administrativeproceedings "the suspension of execution principle" did not weaken thejudicial review influence seriously. At the last part, according to the result ofjudicial examination, the author pay more attention to the power resistingjudicial system of examining administrative action, in addition with exploringthe reasons of invalid operation of judicial system of examining administrativeaction, and concludes that the limitation of the system involving the issue inthe forest ownership accompany with the shortcoming of the right of judicialequity.At the same time, the author analyzes the root that resisting judicial system of examining administrative action, with reviewing multi-factors including the characteristic of the administrative authority, the national political system and the impact of practical interest. In the author's opinion, the factors that oppose to judicial review are the ramifications deriving from the value-pursuing related to the protection of operation of the administrative authority, the features of the administrative authority, the cooperation of the administration, prosecution and justice authority on the ground of the NPC, and the authority's implement practice impacted by its interest.At the last part of this paper (the third part), the author in the judicial review resistance force rules and regulations' foundation, proposed the ownership of forests dispute processing mechanism perfect plan.Firstly, in examination scope aspect, the author advocated that through decides after deliberation the power freely to the administration the rules and regulations and administrative ultimate ruling system cancellation, realizes the judicial review scope moderate expansion.Secondly, the author gives the advice to the judicial review time aspect, the adjustment relief procedure, and the perfect administrative proceedings examine limit the system. Through to the Administrative organ advance disposition's procedure rules and regulations, the administration reconsiders with the administrative proceedings engagement system's consummation , Including reconsiders the prestige stipulation to cancel, to reconsider the choice mechanism the establishment , Promotion judicial review timeliness, Then optimization administrative action judicial review effect.Thirdly, the author gives the advice to boost up the various judicial review dynamics. Examines on the main body, Through administrative case jurisdiction adjustment, promotion judicial review main body authority rank, Entrusts with the Judicial organ from the system to take a side litigant's Administrative organ's substantive restriction power; In examination basis, point out the necessity of fact examines. And in the administrative fact recognized in the examination standard is suitable "the due consideration principle" , The promotion administrative action judicial review is suitable the standard the position step, The change executive power has the trial basis hypothesis power present situation, Then limits the executive power action space from the examination standard, realizes the Judicial organ to examine the degree-of-freedom the expansion; In examination action, adjustment administrative proceedings "suspension of execution" system, Through right "suspension of execution" principled status establishment, Strengthening administrative proceedings influence as well as to relative person right protection validity.Fourthly, in judicial review effect optimization aspect, the author points out the adjustment administrative case mediates system's necessity as well as the administrative proceedings decision system reform concrete way. First, through "redoes" the decision rules and regulations, the cancellation decision consummation, the change decision expansion, the administrative appeal establishment, realizes the lawsuit type optimization. Next, Establishment administration supplementary civil action system, Overcomes the current our country ownership of forests to dispute the limitation which and the malpractice in the processing mechanism the administrative proceedings cannot the fate stop struggle; and the so call "governmental special commissioner framework". The conformity ownership of forests disputed the administrative relief and the judicature provides relief two big ways the superiority, seeks for the new outlet in the way dependence.Finally, The author points out that all administrative law system's consummation is advantageous in overcomes the procedural barrier which the judicial review encounters, but the ownership of forests disputed that the processing mechanism complete and the ownership of forests disputes solves finally relies on the forestry standard organization system, Not only includes the administrative proceedings procedure the consummation, but also includes administration of ruling behavior the Administrative organ advance processing rules and regulations, but also all these rely on the forestry substantive law organization system.