On The Consummation Of Judicial Review Of The Administrative Adjudication

With the rapid development of the socio-economic, a lot of civil disputes such as intellectual property dispute, environmental pollution dispute, product quality dispute and labor dispute appear. The appearance of numbers of civil disputes not only challenges the traditional means of dispute resolution but also brings more pressure to the court; the court should deal with more civil disputes than before. These civil disputes that newly appear have the features of being professional and technical, at the same time, these disputes have close relationship with administration and public interest. Comparing with the court dealing with the civil disputes that newly appear, the executive organs deal with the civil disputes that newly appear in the process of administration can avoid repeating handling, simple the process and low the cost. As the result of which, at present, the executive organs have undertaken a specific area of civil disputes. Endowing the executive organs with the right to deal with certain civil disputes is a symptom of the state power has broken through the limits between administrative power and judicial power. Administrative power and judicial power are divided on the basis of the traditional division principle about the state power. With the breakthrough of the traditional division about the state power, the executive organs begin to deal with a specific area of civil disputes happened among the persons with equal status. For the executive organs have the right to deal with the disputes, the administrative adjudication comes into form. The executive organs refereeing a specific area of civil disputes as intermediary judge is just the reflection of the administrative development. The expansion of the executive power appeals the court to strengthen judicatory supervision. The basic object of the judicial review system of the administrative adjudication is to supervise whether the implementation of the administrative adjudication is within the law.The judicial review system of the administrative adjudication has been established in our country, while the judicial review system of the administrative adjudication in our county has many limitations. These limitations are manifested not only in theory but also in practice. The goal of the paper is to bring forward some sound proposals for the consummation of the judicial review of the administrative adjudication. The proposals which the writer puts forward in the paper are on basis of the existing limitations of the judicial review system of the administrative adjudication in our country. Firstly, the paper analyzes the correlative theories of the judicial review of the administrative adjudication. Secondly, the paper talks about the reality and the existing limitations of the judicial review system of the administrative adjudication in our country. Finally, the paper proposes some suggestions for consummating the judicial review system of the administrative adjudication in our country. The paper can mainly be divided into five parts.The first part of the paper is the introduction. On the one hand, this section introduces the reason of writing and the core issues of the paper; on the other hand, this section introduces the dominating research methods employed in the paper, the main purpose of the paper, the clue of writing and so on.The second part of the paper introduces the correlative theories about the judicial review of the administrative adjudication. Firstly, this part talks about the concept and categories of the administrative adjudication. The administrative adjudication is the activities of dealing with the non-contractual civil disputes by the executive organs in accordance with the law titled. Not each kind of non-contractual civil disputes can be judged by the administrative adjudication, but when the non-contractual civil disputes have close relationship with execution, the executive organs can judge. The executive organs is who are authorized by the law, it targeted at a specific civil disputes, and the administrative adjudication has the force of law, and it is a special kind of specific administrative acts. According to the associated degree between the civil disputes'solution and the exclusive authority of the executive organs, the administrative adjudication can be divided into terms of the administrative adjudication and the selective administrative adjudication. Secondly, this section talks about the theory of the judicial review of the administrative adjudication. The judicial review of the administrative adjudication is the activities of coping with the prosecution by the court. The prosecution is brought forward by the people who are not satisfied with the decision made by the executive organs in the process of the administrative adjudication; the judicial review of the administrative adjudication can be understood from the following aspects: the object of the judicial review of the administrative adjudication, the parties of the judicial review of the administrative adjudication, the complexity degree of the judicial review of the administrative adjudication and the degree that the judicial review of the administrative adjudication can review the administrative adjudication. Analyzing from the object of the judicial review of the administrative adjudication, the administrative adjudication is the object which the judicial review of the administrative adjudication adjudicates; Analyzing from the parties of the judicial review of the administrative adjudication, the identities of defendants in the judicial review of the administrative adjudication are unique; Analyzing from the complexity degree of the judicial review of the administrative adjudication, the civil disputes intercrosses with the administrative disputes in the process of the judicial review of the administrative adjudication; Analyzing from the degree that the judicial review of the administrative adjudication can review the administrative adjudication, the court needs to review whether the administrative adjudication is reasonable or legitimate at the same time. Finally, this part describes the significance of the judicial review of the administrative adjudication. The judicial review system of the administrative adjudication is an important mean of supervision of state power. It has many significant functions. Firstly, the judicial review system of the administrative adjudication is built on the basis of division of state power, it can contribute to perfect the system of state power supervision, and improve the effectiveness of resolving disputes; Secondly, the establishment of the judicial review system of the administrative adjudication can help to protect the interest and the legitimate rights of citizens and organizations; Finally, the establishment of the judicial review system of the administrative adjudication is favorable to improve the executive capacity of the administrative staff in the process of the administrative adjudication organs enforcing the law.The third part focuses on the current situation of the judicial review of the administrative adjudication, the existing limitations of the judicial review of the administrative adjudication, and the reasons that cause the existing limitation of the judicial review of the administrative adjudication in our country. The judicial review system of the administrative adjudication in our country is not perfect. The existing limitations of the judicial review of the administrative adjudication are manifested in the following aspects: firstly, this part points out that the mode of the judicial review of the administrative adjudication is unreasonable in our country; secondly, this part points out that the cohesive relation between the judicial review of the administrative adjudication and the administrative reconsideration is unclear in our country; thirdly, this part points out that the degree that the judicial review of the administrative adjudication can review the administrative adjudication is not deep enough in our country; fourthly this part points out that the adjudgment of the judicial review of the administrative adjudication has limitations in our country. After that, this part further talks about the reasons why the judicial review of the administrative adjudication has so many limitations in our country. The reasons are as following: the first one of the reasons causing the limitations about the judicial review of the administrative adjudication is the object of the judicial review of the administrative adjudication is special; the second one of the reasons causing the limitations about the judicial review of the administrative adjudication is that the cohesive relation between the administrative reconsideration and the judicial review of the administrative adjudication is not uniform; the third one of the reasons causing the limitations about the judicial review of the administrative adjudication is that the law does not fully rule the degree that the judicial review of the administrative adjudication can review the administrative adjudication; the fourth one of the reasons causing the limitations about the judicial review of the administrative adjudication is that the judgments the judicial review of the administrative adjudication lacks diversification.The fourth part mainly gives some suggestions for the consummation of the judicial review of the administrative adjudication. The suggestions for the consummation are brought forward basing on the limitations of the judicial review of the administrative adjudication pointed out in the second part. The suggestions include the following aspects: the first one of the suggestions for consummation of the judicial review of the administrative adjudication is to establish the system of administrative litigation with incidental civil action; the second one of the suggestions for consummation of the judicial review of the administrative adjudication is to endow the court with the right to change the decision made by the administrative organs in the process of the administrative adjudication in certain degree; the third one of the suggestions for consummation of the judicial review of the administrative adjudication is to introduce the mediation system into the judicial review system of the administrative adjudication; the fourth one of the suggestions for consummation of the judicial review of the administrative adjudication is to establish the principle of affording proof about the case by both litigants in the judicial review system of the administrative adjudication; The last one of the suggestions for consummation of the judicial review of the administrative adjudication is to park the execution about the administrative adjudication during the judicial review of the administrative adjudication.The fifth part is the conclusion. This part summaries the full text. In this part, it notes people that with consummating the judicial review of the administrative adjudication is useful to supervise the administrative adjudication and guard the legal rights and interest of the citizen and organization.