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Study Of Administrative Adjudication, And The Relief System

Posted on:2011-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2206360308980620Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of policy and economy of modern society, government, the visible hand, stretch to every corner of people's lives, and the administrative power exercises more and more broadly. To save the social costs and improve administrative efficiency, in this high-speedly operated society, administration made good use of their expertise, involving in some specific civil and commercial disputes.They gradually exercise part of trail function that judiciary do,and adjudicated those particular disputes.Since administration has greater advantages in expertise in these specific territories than judiciary, the administrative adjudication plays an important role in dispute settlement,cost-saving and efficiency-improving which contributes to the strong vitality and great development of modern administrative adjudication. Whereas, the imperfections of the legislation coupled with the increasingly deeper and broader use of administrative adjudication are bound to bring the civil parts of disputes and administrative body into conflicts. Therefore, the main point of this article can best represent the relationship between common people and government. The searching for settlement of such kind of disputes can also alleviate or even solve the tensions between them.Administrative adjudication in current administrative law territory is far less concerned than other administrative acts, however, with the continuous expansion of administrative adjudication, more and more disputes emerge which ask for more attention. With regard to the relief mechanisms of administrative adjudication, few scholars conduct in-depth analysis. While one is the increasingly strengthened development of administrative adjudication, the other is continuously increased conflicts raised from it, reviewing on the present relief mechanisms of administrative adjudication and building one in rule of law have become inevitable.This article mainly consists of four parts:the first part is about the origin and basic theory of administrative adjudication system, including its origin, conception, nature, characters, principles,procedures and some other relevant contents.The second part systematically analyzed the administrative adjudication system and its relief mechanism from legal reality of our country. By studying on the range and the relief situation of the present administrative adjudication, drew the conclusion that a new pattern of relief model of administrative adjudication should be built confirming with the rule of law to better regulate on the disputes raised by present administrative adjudication system.The third part made clear the necessity of the relief to the present administrative adjudication by demonstrating the defection of the present administrative adjudication, the absence of its relief mechanisms and the negative effects brought by the absence.The forth part learned from the reality of our country as well as the practice of administrative adjudication. And base on which put forward the improvement of administrative adjudication system by improving some relevant system and regulating the relief mechanisms of administrative adjudication.
Keywords/Search Tags:administrative adjudication, administrative litigation, administrative review, judicial examination
PDF Full Text Request
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