On The Reconstruction Of The System Of Administrative Adjudication

At present,the academic circles say that administrative adjudication is an administrative act which is authorized by the administrative organs to check and decide the civil disputes which are not related to the parties but closely related to the administration.In my opinion,administrative adjudication is an administrative judicial act,and administrative adjudication as an administrative judicial act is a way to substitute for judicial decisions to solve civil disputes in China.On the connotation,the author extends the connotation of administrative adjudication,mainly including the ownership and lawmaking disputes between administrative organs,as well as the administrative authority's right to natural resources.In recent years,the relevant legal provisions of administrative adjudication have been phased out.The gradual abolition of administrative adjudication system shows that the state wants to clarify the relationship between administrative mediation,adjudication and civil litigation,and gradually reduce the scope of administrative adjudication,and gradually resolve disputes to the court standard.At present,the legal system of administrative adjudication in our country is in a state of confusion,and the framework is very scattered.In recent years,administrative adjudication system is turning to new directions and allocated to the necessary areas,and administrative rulings still have their unique advantages.It is an effective way to solve disputes by replacing judicial decisions.The advantage is to avoid the waste of judicial resources,to alleviate and share the pressure of the judicial organs to a great extent,and to reduce the cost of resolving disputes.More and more more professional disputes need to be solved in today's more and more meticulous and professional social division.The significance of the research is to re organize the current administrative system of confusion,and make a system reconstruction suitable for administrative adjudication system.The methods of comparative analysis,historical research and case analysis are mainly used in the discussion.Combined with my own point of view,we summed up some problems that appear in administrative adjudication in our country at present,and are committed to solve the related problems such as unclear application scope of administrative adjudication,confusion of administrative adjudication procedure setting,and administrative litigation litigation remedy way unknown.The article focuses on the principles that should be followed on the basis of reconstructing the relevant system of administrative adjudication,the relevant organizational setting and the general procedural regulations.At the same time,it also introduces the legal provisions about administrative adjudication in Weifang.The law of Weifang has a very good reference for making administrative adjudication law in the future.Based on the establishment of civil procedure and administrative litigation procedure and adjudication procedures on the part of intellectual property,except in special circumstances,such as ownership ownership problems on administrative divisions or natural resources under the State Council or provincial government made a final ruling,the administrative organ makes the administrative ruling shall be the administrative proceedings,the court should review focus on the legitimacy of administrative adjudication,judicial change right and proper to give the judge,will be Japan's party proceedings as a breakthrough in the future into the administrative adjudication of administrative procedure.The administrative adjudication system in China as an important judicial alternative measures,both from the national policy perspective,to perfect the diversified dispute settlement mechanism,to guide the parties to choose the appropriate way to resolve disputes,or from the administrative adjudication system itself,the administrative adjudication system itself has the advantage of high efficiency and low cost,are determines the existence of administrative adjudication system of the necessity and feasibility,more important is to perfect the administrative adjudication system plays an indispensable role in the construction of rule of law in china.