Several Kinds Of Special Administrative Dispute Relief System Research In China

Along with the development of commodity economy and the democracy, China’s administrative remedies have gradually established and develop. Administrative remedy has an important role in safeguarding the interests of natural persons, legal persons and other social organizations. It is making the executive administration according to the law legal system. In recent years, with the establishment of administrative reconsideration, administrative litigation, state compensation law system, administrative relief system is maturing.However, due to the expansion of the breadth and depth of administrative areas, The errors of administrative acts cause emotional harm to the administrative counterparts., it is difficult to get relief through the existing administrative reconsideration or administrative litigation relief channels, and there are some shortcomings and deficiencies about legislation and legislative guiding ideology of China’s administrative remedies, relief procedures are not standardized, the division of powers is not clear, the scope of the relief has significant limitations, Therefore, we should actively explore new avenues of relief. Throughout the development of the administrative rule of law in China, The field of administrative relief showing a relief type diversification, the scope of relief has expand, relief standard rationalization of the development trend. New administrative relief compensation systems include the administrative complaint, the petition system and compensation system.The administrative complaint is an important part of the Constitution recognized the right of citizens’complaints, the administrative complaint system to fully protect the legitimate rights and interests of the right to appeal against people. Because of China’s complaint legislative lag, lack of legal control means, As the settlement of administrative disputes, protect citizens’right to appeal the administrative complaint system does not play its due role. Change legislation, unified administrative complaints system, create an independent complaints authority, improve the relevant complaints procedure, Hand the interface between administrative appeals and other administrative relief system, this is an important measure to solve the administrative contentious disputes, protection of basic human rights.The petition system is one of the important means of our entire dispute relief mechanism, with distinct Chinese characteristic, show the tension between the pursuit of the order of the relative administrative rights struggle and the chief subject of the relief operation mechanism of the petition. In contemporary China, there is a conflict between petition and the rule of law and governance traditions, and in practice there are many problems, letters and visits to the lack of real discretion, in order to better play the role of the Petition, to meet the goals and tasks of the administrative remedies now, it is necessary to reform the petition system. By drawing on the people’s mediation system, through the mechanism of the conversion, making the petition and the rule of law in the new and traditional fusion, make it a positive force to promote the advancement of the rule of law.Executive compensation is a necessary system of the country to adjust the public interest and private or group interests between global interests and local interest, it is an important administrative relief system, the executive compensation is a product of the democratic constitutional regime established after the victory of the bourgeois revolution, its existence and development has a profound theoretical basis and the Constitution. However, our current executive compensation standards have many problems, there is a large arbitrariness in compensation standards, subjectivity, comfort characteristics of color concentrated, it can not provide relief for the administrative counterpart, therefore, when we determining the executive compensation standards, we should principle of just compensation or fair compensation, and we should Provide a more complete and adequate administrative counterpart of administrative compensation.With the progress of democratic and political construction and enhance people’s concept of the rule of law, our country’s administrative relief will from a form of negative relief to actual positive relief, and provide a more adequate and effective protection of the rights for the people.