Research On The Judicialisation Of British Tribunal System

Chinese administrative reconsideration system is considered to be the primary mechanism for solving administrative disputes, but in practice it does not play its role in dispute resolution properly. Moreover, its independence, neutrality and authority are being called into question. As a result, the issue of reforming the Chinese administrative reconsideration system has been under debate in recent years, as well as the positioning of administrative reconsideration. It is a good way to learn experience from other countries on this matter. The British administrative tribunal is similar with Chinese administrative reconsideration system, and they all encountered the same issue of positioning their systems. This paper will analysis how the British administrative tribunal system solved their problem by the judicial reform, and what can be learned from this process by Chinese government.Against this backdrop, this paper is divided to 5 parts:The introduction first summarizes the positioning issue faced by the Chinese administrative reconsideration system. After studying in UK, the author found there are similarities between the British administrative tribunals system and Chinese administrative reconsideration system. They are all dealing with administrative disputes, and faced how to decide the nature of their institutions. The issue was ultimately resolved through judicial reform in UK. When it comes to the research on the judicialisation at home and abroad, the author found Chinese scholars do not keep track of the latest process of the judicialisation of British administrative tribunals system. Therefore, the author will make up the gaps in this field and try to provide a good reference for the reform of Chinese administrative reconsideration system.The chapter one introduces the origin of British administrative tribunals and its judicial reform process. Firstly, because of the economic and social development, and administrative cases being professional and technical, the British administrative tribunals are set up to resolve these disputes efficiently, professionally and with low cost. However, because the tribunal initially set by the executive administrative tribunals was administrative in nature, it was widely criticized as they went against the judicial independence as well as the ordinary courts exercising judicial powers in UK. As a result, the British administrative tribunals began to reform under the promotion of European Union law, constitutional reform and under the requirements of the administrative tribunals themselves. Then it explores the four stages during this judicial reform.The chapter two focuses on four aspects of the judicialisation of British administrative tribunals system. Firstly, the tribunals are reorganized as a two-tier system: the first tribunals and the upper tribunals which include several chambers. They are reasonably set and reasonably connected to each other, which provide a guarantee for the operation of tribunal system. Secondly, the appointments of tribunal members are more independent. Thirdly, the procedure rules are formulated and revised by the tribunal procedure committee. Finally, the tribunals are overseen by the Ministry of Justice, HM Courts and Tribunals Service, and the Lord Chancellor through a reporting system.Subsequently, the third chapter analyses the data related to the judicial reform of British administrative tribunals, including the annual total number of receipts, disposals and caseload outstanding by jurisdiction, the total expenditure, and the timeliness from 2007 to 2015, and percentages of appointing legal representative before tribunals, etc. After analysis of the dataabove, the author concludes the achievements as followings: the reform unified the United Kingdom administrative justice system, increased the independence and impartiality of tribunals, reduced operating costs, improved the attractiveness of tribunals, and also had an impact on other countries. However, because of the reform, the tribunals' special advantages are weakening now. For example, the formalizing of tribunals makes the hearing of tribunals expensive, time-consuming, and increases the burden of applicants, etc. Finally, the paper is followed by the trend of tribunal reform that even though some disadvantages appearing, the judicialisation of British tribunal system will continue and make improvements based on the reform.The paper is concluded by summarizing the whole process of the judicialisation reform of British tribunal system, and provides 5 suggestions for the upcoming reform of the Chinese administrative reconsideration system, including: reform should be built on the basis of a full and comprehensive investigation; reform is a long-term process of adjustment and requires a certain social conditions; some specific United Kingdom experience can be applied to the reform of Chinese administrative reconsideration system; and the Chinese government should look for the balance between substantive justice and procedural justice. In the end, the author hope these experiences can provide references for the positioning of Chinese administrative reconsideration system.