The Position Of Administrative Proceedings:Substantive Resolution Of Administrative Dispute

Chinese administrative proceedings system is facing a unprecedented crisis ofcredibility.The reason for crisis is that the functions which administrative proceedings shouldhave,such as protecting and relieving civil’s rights, supervising administrative power,resolving administrative disputes don’t work.The effectiveness is far away from publicexpectation.Ultimately the reason is that the ideal position of administrative proceedingssystem which is substantive resolution of administrative dispute is failed to get the concreteimplementation.We can research and draw the lessons from ADR system whose position issubstantive resolution of dispute through analyzing reasons for the strong effectiveness of itsfunctions to enable Chinese administrative proceedings system to achieve its ideal positionand be improved.The structure and main contents of this paper are as follows:The introduction describes the purpose of this paper, research status, theoreticalsignificance and practical value, research methods, innovation, etc.The first part is written to prove that Chinese administrative proceedings system is facinga unprecedented crisis of credibility. In this part, the writer compares the number ofadministrative proceedings’ cases and expound the result of investigation about the publictrust of administrative proceedings system and then prove that there is a very serious crisisof credibility in Chinese administrative proceedings system.The second part is written to analysis the fundamental reason of crisis of credibility inChinese administrative proceedings system.Firstly,the writer clarifies the argument about theposition of Chinese administrative proceedings system in the theoretical circles. Then thewriter summarizes the standard of ideal position,and get the result that substantive resolutionof administrative dispute should be the ideal position of Chinese administrative proceedingssystem.At last the writer proves that the fundamental reason of crisis of credibility is that theideal position of administrative proceedings system which is substantive resolution ofadministrative dispute is failed to get the concrete implementation.The third part is written to research and draw the lessons from ADR system in order toenable Chinese administrative proceedings system to achieve its ideal position and beimproved.Firstly,the writer introduces the conception and history of ADR system simply.Then,the writer analyzes the feasibility of drawing lessons from ADR system and theexperience from ADR system which can be used to improve Chinese administrative proceedings system.At last the specific measures of improving Chinese administrativeproceedings system are be put forward.The content of epilogue is writer’s reflection and summary.The writer believe that thepublic law will be evoluted following the era. Administrative proceedings system shouldre-examine the idea of ADR system and its significance,then draw lessons from ADRsystem.If so, administrative proceedings system will be scientific and rational.