Legal Subjectivity:

Types of Administrative Arbitration 1. Ruling on Damage Compensation Disputes This is an administrative subject’s decision on administrative compensation disputes involving administrative matters that occur between equal subjects. administrative ruling. For example, Article 38 of the "Public Security Management Punishment Regulations" stipulates that if a violation of public security management causes losses or injuries, and the public security agency decides that the person who violated public security management should bear the medical expenses, the fees should be forwarded to the adjudicating agency within 5 days after receiving the ruling. ; If the amount is larger, it can be paid in installments. If he refuses to pay, the adjudicating authority will notify his employer to deduct it from his salary or seize his property as a substitute. 2. Adjudication of ownership disputes The adjudication of ownership disputes refers to administrative rulings made by administrative subjects on disputes over the ownership and use rights of specific properties between equal subjects. For example, Article 14 of the Forest Law stipulates: Disputes over the ownership and use rights of forest trees and forest land between units owned by the whole people, units owned by collectives, and between units owned by the whole people and units owned collectively shall be handled by the people's governments at or above the county level. Disputes over the ownership and use rights of forests and forest land between individuals or between individuals and units owned by the whole people or collectively owned units shall be handled by the local people's government at the county or township level. If the parties concerned are dissatisfied with the People's Government's decision, they may file a lawsuit with the People's Court within one month from the date of receipt of the notice. 3. Ruling on infringement disputes: This refers to the ruling made by the administrative agency on this dispute because the legitimate rights and interests of one party as an equal subject are infringed by the other party, and the party applies to the administrative agency for handling according to law. For example, Article 39 of the Trademark Law stipulates that if there is any infringement of the exclusive right to use a registered trademark as listed in Article 38 of this Law, the infringed party may request the industrial and commercial administration department at or above the county level for handling, and the relevant industrial and commercial department has the right to order the infringer to The person must immediately stop the infringement and compensate the infringer for his losses. The above are only a few types of administrative adjudication that are relatively standardized in my country. In addition, some other laws and regulations and even individual normative documents also have provisions for administrative adjudication. From the perspective of improving the administrative adjudication system, clear legal provisions should be made in order to give full play to the due functions of the administrative adjudication system. Legal objectivity:

Article 2 of the "Arbitration Law of the People's Republic of China" Contract disputes and other property rights disputes between citizens, legal persons and other organizations who are equal subjects can be arbitrated. Article 5 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" When a labor dispute occurs and the parties are unwilling to negotiate, the negotiation fails, or the settlement agreement is not performed after reaching a settlement agreement, they may apply to a mediation organization for mediation; if they are unwilling to mediate, the mediation fails, or If a mediation agreement is not performed after reaching a mediation agreement, it may apply to the Labor Dispute Arbitration Commission for arbitration; if it is dissatisfied with the arbitration award, it may file a lawsuit with the People's Court, unless otherwise provided in this law.