On The System Administrative Adjudication Procedure In China

Due to the rapid change of social relations and disputes in contemporary China,the judicial system is overwhelmed,Administrative adjudication brings important institutional space.However,due to the acceleration of the rule of law in recent years,the procedure is more likely to be ignored by judicial and administrative organs.Contemporary social dispute forms and dispute resolution mechanisms are diversified,but their basic logic must be the use of law and reason in a certain system,the most important of which is to design certain ways and procedures to ensure a reasonable and fair solution.This is because procedural justice is an important sign of the maturity of modern rule of law.General Office of the CPC Central Committee and the General Office of the State Council Jointly issued by Opinions on improving the system of administrative adjudication and strengthening the work of administrative adjudication in Decenber 2018.It is emphasized that administrative adjudication should play a role in resolving civil disputes.At the same time,the basic principle of a country under the rule of law becomes the inevitable limit of administrative activities,so the procedural activities actually become the most important feature of administrative adjudication.Only rigid and transparent procedures can ensure efficiency,rational and fair adjudication results and proper settlement of disputes.Strict procedures can also effectively restrain the legality and rationality of the administrative organs in the process of administrative adjudication,but will not make this activity into the personal will of the law enforcement.China does not have an independent and complete administrative adjudication law and administrative procedure law,so there is a lack of uniform and clear administrative adjudication procedure when administrative organs make administrative adjudication,they generally follow the procedure of provincial and municipal government rules,or refer to the general procedural provisions of administrative reconsideration and administrative litigation.Because of this,in the specific activities of administrative adjudication,the subjective arbitrariness of administrative organs is too great.Relevant programs are either missing or lack operability,and the fairness and justice of the adjudication will also be affected.Therefore,this requires us to pursue the value orientation of administrative adjudication procedure rather than the value orientation,and administrative adjudication should strengthen its adjudication color rather than supervision and management color.Based on the current practice of administrative adjudication procedure in China,this paper analyzes the administrative adjudication procedure according to the different stages of adjudication in the design of administrative adjudication procedure system and divides the administrative adjudication procedure into three different periods of pre-adjudication and post-adjudication Before the ruling should be involved in system,fully mobilize the enthusiasm of each legal entity,and orderly administrative ruling procedure in the process of administrative adjudication.First,the application for acceptance of the procedure to be standardized.Second,the hearing procedure to be a complete design,and finally,to explore the establishment of simple procedures.The relief after the verdict,explore shunt civil litigation and administrative litigation relief system of two different ways.Therefore,the procedure of administrative adjudication should be improved and innovated.