Study On Administrative Arbitration System

Administrative arbitration as a means of dispute mechanism of the Executive, in its administrative practice for resolving social disputes, resolving social contradictions play an important role.Administrative arbitration as a kind of right remedy for Parties in dispute seeking rights provides an important safeguard. Administrative arbitration system as an administrative system is an important system for the transformation of government functions, the implementation of flexible management provides an important opportunity and also provides an important practice of social management innovation, and building a harmonious society. Our country has experienced the administrative arbitration system issued by the arbitration law before the brilliance and promulgated by the arbitration law after dark, in recent years, administrative arbitration as multiplex dispute resolution mechanism of a kind of important ways, more and more get the attention of the academic and practice. China's current arbitration system administration in both theoretical research or building systems have become quite inadequate, which is the obvious contradiction between the strong demand in practice. It is for this reason, this article will issue administrative arbitration system to make more of this important system. This article is divided into six parts:Part one:Multiple dispute resolution mechanisms and administrative adjudication. This section focuses on the diverse background of dispute resolution mechanism, the historical change of dispute settlement and administrative dispute resolution mechanisms and administrative arbitrationPart two:the basic theory of the administrative arbitration system. This part of administrative arbitration from four aspects the basic theory analyzed:One is the concept of administrative arbitration. Through different scholars of different period of administrative interpretation of arbitration concept analysis, the author puts forward his own administrative arbitration concepts; Two is characteristic of the administrative arbitration, the arbitration and civil arbitration by administration, administrative rulings, administrative review and administrative mediation, draw comparison of the characteristics of administrative arbitration. Three is the nature of the administrative arbitration. Comparative analysis on administrative arbitration academic three properties positioning, the author puts forward himself more inclined to administrative arbitration belongs to administrative judicial behavior claim. Four is the value of administrative arbitration. Justice and efficiency is the life, the administrative arbitration system of administrative arbitration exactly balanced the relationship between justice and efficiency.Part three:the basic situation of foreign related system. Introduced in this part of America's administrative ruling system, Britain's administrative judges' system and Japan's party dispute, By the United States, Britain, Japan similar to the system of administrative arbitration system for our country to build and improve the experience of providing extra-territorial reference.Part four:the history of Chinese administrative arbitration system present situation and development analysis. This section firstly reviewed the historical development of the administrative arbitration system, then introduces several kinds of China's current administrative arbitration system, finally analyzed with emphasis in our country's administrative arbitration system, especially the problems facing the administrative arbitration system faces legal basis insufficient, the independence and impartiality of administrative arbitration to guarantee and administrative regulations, the lack of uniform arbitration procedures of administrative arbitration relief strength etc serious problem.Part five:Perfection of Chinese administrative arbitration system. This section first to the arbitration system of administrative necessity and feasibility of the highlights; and arbitration system for China's current administrative problems in a complete set of measures, and this is where the highlight of this article, the author proposed in Administrative Law and Arbitration administrative arbitration law legal system, ensure the independence and impartiality of administrative arbitration legal system and improve the administrative system of remedies such as arbitration. Par six:Conclusion. Administrative arbitration system by analyzing the situation and development trend of the practice, the author draws, administrative arbitration as diverse dispute resolution mechanism will be an important force to resolve social disputes, make an important contribution to resolving social conflicts.