Research Into Administrative Adjudication On Agrarian Cases

Through the analysis of administrative proceedings cases, which accepted from2002to2012in one city, HENAN province, I draw the conclusion that administrative adjudication on agrarian cases accounted for a large proportion of the total amount.Therefore, I think this problem should be key, difficult and hot administrative trial affairs at present.My research is based on313cases, which happened since2008, until2012. After studied the types and causes of these313cases, I found they all had different problems left over by history. So my researches pay high attetion to historical period and their features and reasons. At the meantime, I also highlight some common characteristics on these cases. Point out following specialties:uneven distribution, complex legal relationship, strong contradiction between the parties, cases take sentence appeal rate is low, Government administrative omission, etc.This thesis studies the development of the judicial remedy for administrative adjudication with respect to agrarian cases. The author introduces the evolutional process during which the nature of agrarian cases transforms from civil action to administrative action, and further analyzes the characteristics of judicial review including the duality of objects, the difficulties in determining facts, the insufficiency of evidence, the complication of legal application, and the overexpansion of free judgment. With the help of the administrative judgment of313agrarian cases on first instance, the author draws a picture of various fashions in judgment and discusses the application of each. Meanwhile, the prominent problems concerning executive efficiency are also discussed here. By analyzing cases of this type in judicial practice, the author has consequently found out that the current mode of administrative review for these cases could not solve substantive problems between the parties. The author thereby focuses on such practical issues, striving to effectively settle down the dispute over land ownership as well as the administrative dispute. In order to achieve this goal, the author analyzes the advantages and disadvantages of different judicial methods which involve civil action, collateral civil action in administrative proceedings, empowerment of judicial variation, regulation of parties and so on. As a result the author believes that the most practical approach to cases of this type is to empower judicial variation, which makes it possible to resolve civil dispute over land ownership while examine the validity of administrative adjudication.