Research On The Expansion Of The Scope Of Administrative Adjudication In My Country

As one of the alternative dispute resolution methods,administrative adjudication plays an irreplaceable role in resolving court cases and civil disputes.At the beginning of the founding ceremony of the People's Republic of China,administrative rulings have been implemented in our country,scattered in a few legal norms,the scope of adjudication includes a large number of civil disputes.After the reform and opening-up,the legislation concerning administrative adjudication has gradually increased,but the scope of administrative adjudication has been gradually reduced.With the increase of civil cases accepted by the court and the acceleration of the construction of the government under the rule of law,it is proposed to explore the extension of the scope of application of administrative adjudication.In this paper,the expansion of the scope of application of administrative adjudication to study,sort out the status quo,find problems and explore ways to solve,with certain theoretical and practical significance.This paper is composed of five chapters,based on the background of this study,to elaborate the theoretical basis,comb the implementation of the status quo,analysis of existing problems,proposed solutions to the way of thinking.In the introduction part,with the background that the construction of the rule of law needs to enlarge the scope of application of administrative adjudication,the author sorts out the current research situation of two different viewpoints to enlarge the scope of application and to narrow the scope of application,and explains the necessity of this research.In Chapter 2,the author clarifies the concept of administrative adjudication,explains its value,explains the theoretical basis of administrative adjudication on value,division of labor and rule of law,and explains the feasibility of this research.In Chapter 3,the author analyzes the changes of the scope of administrative adjudication in legislation,the situation of its implementation and the present situation of its implementation in foreign countries.In Chapter 4,the author puts forward the problems and reasons of our country's administrative adjudication extension,including that the connotation of administrative award is not unified,the starting point of the extension of the scope of administrative award is not unified,and the acceptability of the extension of the scope of administrative award is insufficient,the reasons include lack of overall planning in the system,confusion in terms of legislation,and weakening of cognitive value.In Chapter 5,according to the questions raised,it is suggested that the scope of administrative adjudication should be expanded and its applicability should be accepted through the unification of the connotation of administrative adjudication,the unification of the matters of current administrative adjudication and the enhancement of its acceptance,so as to speed up the application of the extension of the scope of administrative adjudication and improve the administrative adjudication system in China.