The Reconstruction Of Administrative Adjudication System

We are in a period that burst disputes.Numbers of cases received from every court are growing rapidly and above 80 percent of new-received are civil cases in our country.More cases need more judicial power.But Post System Reform recently lead to reduction of judges.It makes situation worse.At least 20 percent of first instance civil cases can’t be settled.So,our country start to developing pluralistic dispute settlement mechanism.It can let more disputes be solved by means of mediation,arbitration,adjudication and so on.It has been over twenty years since the first Arbitration Law enacted,but cases settled through arbitration are only 2percent of litigation.Mediation system is developing recent years but it makes low efforts too.So it’s an important topic that rebuilding administrative adjudication system and let it perform a good function.This article analyzed disadvantages of administrativeadjudication by induce specific stipulation.We can discuss administrative adjudication reform on range,subject,procedure and relief these four aspects by the way of combining administrative tribunal system in the UK with legislation and practice in our country and finally the system can be rebuilt.Administrative adjudication have advantages as technically,comprehensively,readily and low-cost.But its disadvantages cover advantages because of without of unified laws.They are over range,adjudication subjects are out of independence and neutrality,Procedure is not standard,Remedies are confused.On the aspect of range,administrative adjudication issues should be defined by the principle that closing linked with administrative management.We need to bring contract disputes,especially economic contract disputes and tort compensation disputes into the range.In the aspect of subject,basic level township judicial offices should reform as administrative tribunals and set tribunals in frequent-cases administrative departments by the way of combine administrative tribunal system in the UK with current situation in our country.Besides,absorbing social legal personage and professionals to fill the vacancy of administrative and judicial personnel owing to reform.In the aspect of procedure,establish principles as some cases are judged first,avoidance and justice.The specific procedure should be divided into application and acceptance,hearing and judgement these steps.Finally in the aspect of relief,administrative reconsideration,civil litigation and administrative proceedings are not suitable methods to relief.We should set a contentious procedure which is similar to Action of Parties in Japan as a relief method.