China 's System Of Administrative Adjudication Process Is Perfect

Administrative adjudication, a new pattern of solving civil disputes began to take shape to meet the requirements of social development. When people meet problems in social life, the first thing they can think about is likely to solve them by the executive agencies. Administrative decisions in this system's advantages in the efficiency and the cost of disputes settlement are obvious. Compared with civil lawsuit, administrative adjudication has such advantages as simpler procedure, a lower cost and being conducive to the solution of civil disputes which are more professional and technical and the administrative adjudication can meet the requirements of modern administration. Therefore, it develops rapidly in many countries of the world.Although China's administrative adjudication system has existed for a long time, in practice, China's administrative adjudication system contraction falls behind other countries a lot. The application of administrative adjudication power is largely out of control of the law. So how to perfect the administrative adjudication system has been an urgent task of the administrative legal construction.Strong interest was aroused in studying the frame of administrative adjudication just on the basis of the above said problems. Therefore I had a systematic study on the frame of administrative adjudication. In this paper, I use the research methods of the combination of theoretical analysis and case studies instead of the regularly research pattern. From the start with the concept of administrative adjudication, I analyze the basic theory, such as administrative rulings of the origin, nature, scope, basic principles etc. And then I introduce the realistic case, by case analyzing, the problems of China's administrative ruling system issue were reflected, including procedure system deficiencies. Finally I put forward my own sound system and reasonable procedures idea and I hope that China's administrative ruling system of the rule of law can benefit from the process. In Section One, this article sets forth the basic principles of administrative adjudication. Firstly, it begins with the conception and origin of administrative adjudication. Secondly, the article offers its research on the nature of this adjudication, that is, administrative adjudication belongs to a type of judicial act of administration on the basis of the former. Then, the article gives the scope of this system by analyzing and concluding effective laws and regulations of today's China. Finally, the article enquires into the elemental principles which shall be abided with.Section Two mainly concerns about the analysis of concrete evidence of administrative adjudication system. There is a typical case about administrative adjudication, i.e., a Mr. Song v the Bureau of Construction of S Municipality (a case about house resettlement and compensation device). In this section it analyzes the cause of lawsuit and the foundation of jurisprudence put up with by the two parties. Among other things, it gives the focal points of issue and makes a conclusion that there are some systematical drawbacks in the procedure of administrative decision.In Section Three, the article designs how to perfect the procedure of Chinese administrative adjudication. Simultaneously, via researching those drawbacks, it analyzes the deepest causes and expounds how to solve these issues, and also works out a specific procedure and a detailed system about administrative adjudication.