The Research On Administrative Adjudication Under The Rule Of Law

Along with the process step by step according to law in China, more and more administrative action of the track included in the rule of law. Power of the governance is the key rule of law, and the most important on controlling the power is how to control the administrative power. Administrative adjudication is one of the administrative body's powers. Administrative adjudication as a kind of executive power, plays an important role in allocating economic resources and resolving the social disputes. For decades, the administrative adjudication system has been greatly developed, but there are still many problems, whether it can lawfully exercise has a close relationship to people's life. Domestic administrative adjudication is the lack of comprehensive comb and effective integration, which can not adapt to change trend of the modern administrative legal system.The purpose of this paper is that by the history and current situation analysis in the scientific definition of its properties, based on further clarification of the Administrative Adjudication System in line with the principles of the rule of law, there is the necessity of its existence, should be improved. Through theoretical analysis of the system, revealing its drawbacks which exist in the real world, propose appropriate countermeasures, and reconstruct the administrative adjudication system. This paper is divided into four parts:The first chapter introduce the definition and general characteristics of administrative adjudication, and clear the nature of administrative decisions which is quasi-judicial administrative decisions . Then describes the social function of administrative decisions, and clear its role in resolving social disputes in a harmonious society. By contrast, analysis of the administrative adjudication system, the problems range of issues, and reconstruct part of the recommendations in the system.The second part is the use of comparative analysis, from the main body of administrative decisions, procedures, and relief system and so to compare with similar systems, and reveal the existing system of administrative adjudication issues, and analysis of the crux of the existing successful experience at home and abroad, to propose a solution.The third part is based on the description of administrative ruling system in different historical periods of production and development change, to analyze the institution of the general rules and particularity, to discuss its conformity with the principle of rule of law, and analyze restricting our administrative ruling system development factors.The fourth part of an objective evaluation and empirical analysis in China based on the present situation of administrative rulings, comprehensive foreign administrative ruling system and practical experience, the rule of law in our country to administrative ruling system puts forward the reconstruction design.Administrative decisions with the unique charm, not only adapt to a market economy quickly in the judicial relief and low requirements, but also make up for deficiencies in administrative litigation. Therefore, we must improve the administrative decisions related to the system. Strengthen legislation and law enforcement in order to give full play to the role of administrative adjudication.