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The Insititution Of China's Administrative Adjudication

Posted on:2012-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:H B YuanFull Text:PDF
GTID:2216330338959247Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative adjudication is administrative organs solve civil disputes, has merits of smooth social management, reduce contradiction solution cost and so on. According to the traditional theory, court is the only one who can exercise judicial power,but with the development of social economy and height division, part of jurisdiction was appointed to administrative organs . In China, for a long time people did not find the theoretic support for judicial appointments, and in practice without specific legislation of clear and reasonable , make its development encounter many challenges. With the emerging of the transportation, intellectual property, medical ,natrual resources and other professional disputes, administrative adjudication by more and more scholars rethought. This paper aimed at put forward improvement measures to administrative adjudication from theory and practical aspects, using the theories, empirical and comparative analysis method.This paper consists of four parts, specific as follows:The first part expounds the basic theory of administrative adjudication. First , Analyze its different points of definition and nature , and define it as a kind of administrative judicial practices, and does not include solving administrative dispute. Then use power appointed theory analyzes the rationality of the existence of administrative adjudication system, and put forward the legitimacy of three different types. Finally, comb the relevant administrative adjudication legislation and analyzes the reason for the variation , then put forward the function and effect of it.The second part combs the current legislation of administrative adjudication with the relevant theory. From the adjudication provision of the principle, institutions setting, the adjudication scope, procedures, relief and supervision and appeal insititution , finding out the exsisted problems.The third part introduces the foreign relevant system. First, recommend relevant institution of British tribunals, including organization,personnel composition, procedure, evaluation and supervision mechanisms. Secondly , introduce Japan administrative Party Litigation and imported it to help to solve the contradictions of administrative effectiveness and civil disputes of the administrative adjudication in our country. The fourth part puts forward the improvement method of administrative adjudication, including the principle, the subject, scope and procedure of verdict, supervision mechanism, constant defendant in administrative litigation and the power of judicial changes.
Keywords/Search Tags:administrative adjudication, judicial appoint, adjudication procedure, tribunals improving method
PDF Full Text Request
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