Groups Of Administrative Disputes The Administrative Relief System

Nowadays, profound changes happened in the economic system, the social structure, the pattern of interests and profound adjustment in ideas means that our society has entered a critical period of reform and development. Many contradictions increasingly manifested in the form of administrative disputes. These disputes have a significant increase especially in relation to urban planning and construction, housing demolition, land acquisition, labor protection and security management. Administrative disputes raised by the group of frequent incidents have been affected social stability. "the views of CPC Central Committee and State Council on the prevention and resolving administrative disputes and improve administrative dispute settlement mechanism" (Zhongbanfa [2006]27) clearly pointed out:"Can the effective prevention and proper settlement of administrative disputes related to the masses vital interests, related to the social harmony and stability, related to the consolidation of the ruling party's position. "In recent years, due to the administrative disputes cannot be resolved timely and effectively, triggering a large number of problems of mass petitions and mass violence, affecting the normal social order and stability. Keeping the statutory administrative remedies like administrative reconsideration and administrative litigation in smooth flow, guiding the masses to the legal and rational ways to express their interest demands to resolve the administrative disputes at an early stage and being properly solved is conducive to the social stability and political stability, and great significance to build a harmonious society.Groups of administrative disputes with a high-fat characteristics of concentration, through the analyse of groups of related fields of administrative disputes to find the corresponding problems in the legal system, a profound understanding of the existing legal channels, point out the direction for the next step to solve the problems. The first part is the introduction about the group administrative disputes and the relief mechanism. Including the definition of group events and group administrative disputes, the administrative controversy in high incidence areas, the domestic and international system of administrative relief provisions, the relationship between group administrative disputes and the administrative relief system;The second part is starting from the current legal rule of administrative relief, based on the legal issues reflected by the group administration disputes, doing in-depth analysis about the problems of the administrative reconsideration and administrative litigation in administrative relief system, such as the scope of accepting cases is too narrow to including the abstract administrative acts; the ambiguity of the legality review principle led to the mechanization use in judicial practice, the review of the prepositive administrative behavior is not clear; the current requirement about the selection system of the administrative reconsideration and the defendant qualification of the administrative reconsideration organ in the proceedings is not conducive to strengthening the responsibility of the administrative reconsideration organ and leading to the administrative review becomes a mere formality; and so on. The third part is around the settlement of the group administrative disputes, putting forward about the perfecting suggestions targeted for administrative reconsideration and administrative litigation of the administrative relief system. Gradually expanding the scope of accepting cases of the administrative reconsideration and administrative litigation, and put the following administrative regulations into the scope of the review; clearing the meaning of the the review of legitimacy, being comprehensive review of the prepostive administrative behaviour of the administrative cases involving group administrative dispute; group administration review the implementation of pre-litigation, administrative reconsideration organ to maintain the original specific administrative act in administrative proceedings as co-defendants.Smooth channels of legal relief, improvement of the system of administrative relief have a very real significance for the effective resolving in group administrative disputes, the prevention and reduction of group events.