Research On Problems And Countermeasures Of Administrative Adjudication System In China

On June 2,2019,the general office of the CPC Central Committee and the general office of the State Council issued "Opinions on Perfecting the Administrative Adjudication System and Strengthening the Administrative Adjudication Work"(hereinafter referred to as "Opinions").The Opinions clearly defined the definition and characteristics of administrative adjudication,pointed out the development direction of the administrative adjudication system,and called for the establishment and improvement of a dispute resolution system through administrative adjudication,and gradually formed an administrative adjudication working mechanism with Party committee leadership,government responsibility and various functional departments as the main body.At present,there is no unified administrative adjudication law in our country,but there are scattered provisions on administrative adjudication in the legal provisions on disputes over ownership of natural resources and intellectual property rights.The Opinions also clearly point out that the administrative adjudication work should be focused on disputes over ownership of natural resources,disputes over infringement of intellectual property rights and compensation agreements,disputes over government procurement activities,etc.Through combing the theoretical basis and current situation of our country’s administrative adjudication system,this paper further analyzes the reasons why the administrative adjudication system cannot play its advantages and functions,finds out the problems existing in the administrative adjudication system,and thus puts forward practical and feasible countermeasures to improve the administrative adjudication system.It is committed to implementing and refining the administrative adjudication work requirements in the Opinions and promoting the perfection and development of our country’s administrative adjudication system.In addition to the introduction and conclusion,this article is divided into four parts to study China’s administrative adjudication system.The first part briefly discusses the theoretical basis of China’s administrative adjudication system,including the definition and nature of administrative adjudication and the legitimacy and necessity of administrative adjudication system.Firstly,it introduces the definition and nature of administrative adjudication and points out the difference between administrative adjudication and civil litigation and arbitration.Secondly,according to the characteristics of administrative adjudication pointed out in the "opinions",the "opinions" clearly point out that administrative adjudication has the advantages of low cost,high efficiency,simple procedures and strong professionalism.at the same time,the administrative nature of the subject of administrative adjudication,the specificity of the object and the non-finality of the adjudication results are the unique characteristics of administrative adjudication compared with civil litigation and arbitration.in this article,the above contents are detailed.Finally,it theoretically demonstrates the legitimacy and necessity of the administrative adjudication system in China.The ultimate purpose of the administrative adjudication system is to maintain social harmony and stability,which is of great significance to effectively protect the legitimate rights and interests of the people.Due to its natural institutional advantages,administrative adjudication can effectively promote the rapid settlement of disputes under the background of diversified and complicated contradictions in China,and is conducive to promoting the construction of a country ruled by law,a government ruled by law and a society ruled by law.The second part discusses the current situation of administrative adjudication in our country,including the current legislative situation,judicial situation and law enforcement situation of administrative adjudication,and specifically combs the current legal provisions concerning the administrative adjudication system.The current legislative situation mainly includes the current effective specific legal provisions such as "Patent Law","Copyright Law","Regulations on Protection of Layout Design of Integrated Circuits","Trademark Law","Land Administration Law","Water Law","Forest Law" and "Food Safety Law".The content of the current judicial situation mainly refers to the current administrative ruling relief system;However,the current situation of law enforcement is to make a concrete analysis of the application for administrative ruling by the parties concerned and the ruling by the ruling authorities through on-the-spot investigation.The third part analyzes the causes of the obstacles to the implementation of the administrative adjudication system,that is,through sorting out the current situation of administrative adjudication,analyzing the specific problems existing in administrative adjudication,and combining with the problems such as unclear scope of administrative adjudication,nonstandard procedures,imperfect system and so on pointed out in the Opinions,finding the fundamental reason why administrative adjudication cannot play its role.The fourth part summarizes and puts forward the feasible countermeasures to improve the administrative adjudication system.Combining with the advanced experience of the West,referring to the relevant local documents of administrative adjudication and the work of adjudicators in the investigation process,it puts forward specific suggestions.The development of the administrative adjudication system should improve the administrative adjudication system,clarify the subject and power and responsibility of administrative adjudication,clarify the specific scope of adjudication,standardize the adjudication procedure and refine the relief methods of administrative adjudication.