| The argument for the existence of Administrative Adjudication springs up in large numbers in the 1990s. Some scholars presumed the trend of Administrative Adjudication’s demise in the light of part of that to be canceled in the legislation. These scholars regard the imperfection of the system and the damage of division of power in the state organs as the basis for the argument, which not be realized that it tends to become a mere formality. The emergence of Administrative Adjudication system has its historical inevitability. In the national context of that socialist public ownership, the core function of government is administration. In the planned economy period, the government belongs to the Almighty management, playing the role of "the head" in resolving the dispute. Even in the period of market economy, the government still plays a crucial role in advancing reform and construction deeply. The difference is that in this period, the judicial authority is rising and legal civilization continues to strengthen, although the legislation has been constantly encouraging citizens to resolve disputes by lawsuits, the limitation deficiencies can not satisfy diverse of civil dispute resolution in the period of transition, which coupled with the unique advantages of specialized government departments causes that there is no doubt that it plays a role in Administrative Adjudication; the boundaries of traditional administrative law and modern administrative is the difference between modern management concepts of management tools, although as the fact that service-oriented and the rule of law-oriented government to be promoted and the development trend of cooperative administration, can not be cut off the future of " Administrative Adjudication ". Owing to it’s rules lagging behind reality, this administrative act is from flourish to criticized. We are committed to the reconstruction of the proposition and set up reasonable rules to meet to resolve the dispute between the parties.Confined to limited space, this article select the perspective of "Administrative Adjudication and Judicial" to discuss how to engage Judicial after such Administrative Adjudication to play its essential effectiveness. After selection, classification and a comprehensive analysis of its shortcomings in legislation and controversial theory from the large number of papers and books, all the "voices" in the academic fields are coming together to demonstrate viable or non-feasibility of the proposed scheme of scholars. At the same time, combined with the newly revised "Administrative Procedure Law" judicial interpretation and social reality of the moment draw the reliable conclusions- Construct the Chinese characteristics of The Parties Litigation. This system has universality that is not only for the Administrative Decision, also for other people cross the line of cases. The foothold of this paper is to absorb the essence of "Form in The Party Litigation of Japanese", response to questions to legal conflict, and introduce the local design and logical framework of The Parties Litigation. In addition that proposed a means of "pilot reform" to verify its rationality, which can enable it to take root, sprout and grow. |
