Administrative Relief Procedures To Explore

Is not a dispute of social harmonious society, more can’t be management and civil government will not conflict in any society. Therefore, between the government and the citizen administrative disputes can hardly be avoided in any society. In practice, between citizens and the government administrative disputes, how to do? Of course is to seek ways of administrative remedy. In all the social dispute resolution process, procedure justice is the most important factor, especially for solving administrative disputes. Because the administrative disputes occurred in between the government and civil disputes. Specifically, is the administrative power of government forms produced between the government and the civil disputes. How to solve this kind of dispute, or of the way how to solve, sometimes even more than to resolve disputes result is more important. The idea and the system problem is the key to improve the procedures of administrative remedy system. First of all we should rationally treat the administrative disputes, as an inevitable phenomenon, and efforts to peacefully resolve the dispute, we should adopt the attitude. However, in the design of the system we will be more rich and delicate, rich connotation of administrative remedy, administrative remedy to refine the rules of procedure, which can effectively resolve administrative disputes, weighed in against state power and civil rights, to build a harmonious social atmosphere.This thesis is divided into three parts. The first part is the rational thinking of the procedure of administrative remedy. Firstly, the author hope to change the understanding from the concept of administrative disputes. Since the dispute or controversy exists objectively inevitable, then treat the administrative dispute, we are avoided, suppress, or the rational approach, we construct an important issue to be considered in the harmonious society. To build a harmonious society, improve the administrative remedy system, we must have the correct and rational manner the administrative dispute. We should see the emergence of administrative disputes from a certain angle for perfecting the system of administrative law has the positive function. To respect the interests of all disputes, expression, and then with a positive attitude to resolve disputes, will it be possible to achieve a relatively harmonious. The society is moving forward, there will be new disputes and contradictions in the development, only by constantly face contradictions and disputes, and through the disputes and conflicts, properly treat the deficiencies of our system, and look for in the process of solving disputes and explore new ideas and new methods to solve the problem, further to perfect our system. Rational administrative disputes is the concept of the problem, how to solve administrative disputes is the system construction. However, the idea and the system is interconnected, concept is the foundation of the system, if not in the concept of administrative disputes have correct understanding, will not have the incentive to improve administrative relief system. Therefore, improving administrative relief system is an important system in constructing a harmonious society, and through legitimate, fair, reasonable administrative relief procedures for the realization of social justice in the field of administrative remedy is the core content of perfect administrative relief system. In addition the author also theoretically discusses in detail the concept and scope of administrative relief, on the basis of summing up the characteristics of administrative remedy. At the same time, this chapter of the administrative relief procedures on the significance of building a harmonious society are discussed.The second part is the theory and practice of administrative remedy procedure objectively. China’s administrative procedure system, is an important part of the administrative system, and even can be said to be the core content of administrative remedy system of administrative remedy, because how, what way, is the premise to carry out administrative relief. China’s "administrative procedure law","Administrative Reconsideration Law","State Compensation Law","petition regulations" and the relevant judicial interpretation and other administrative law in the provisions of the administrative procedures, this is the understanding of China’s administrative relief procedures based. The author first analyzes the procedure system of our country under the background of administrative remedy law. In our country, the procedure of administrative relief is the floorboard of the procedure of administrative litigation, administrative reconsideration procedure, the administrative compensation procedure, procedure of administrative compensation and administrative petition procedure system. The procedure of administrative remedies exist in administrative relief system. As an important legal system of administrative remedy, administrative power constraints on the solution to the contradiction between the government and citizens, civil rights, it needs the emergence and development of certain social, economic and cultural foundation. Next on our administrative litigation relief program reality of reflection, summed up some negative, inappropriate viewpoints exist in administrative litigation process. Once again on Chinese administrative reconsideration procedure were rational analysis. The last of China’s administrative compensation, including letters and other procedures, other procedures of administrative remedy are discussed.The third part is the perfect our country’s administrative relief system. Improve administrative relief procedure system is the core objective of improving administrative relief system. This is not only because the administrative relief system is mainly composed of the rules of procedure, the program is the core of administrative remedy system, mainly because the program is the bridge to the fair. While the administrative justice, first of all must be embodied as a relief process justice. The justice relief process, it may reflect the relief the impartiality of administrative rule of law, because, we pursue, is the administrative legal entity justice and procedure justice and unity. Under this goal, from the system and the practical point of view, we should establish the idea of procedure of administrative remedy, administrative remedy procedure detailed rules, improve the judicial supervision of administrative reconsideration, administrative litigation settlement mechanism.