The administrative judicial procedure is different from the general administrative procedure and the general judicial procedure. Compared with the general administrative procedure, the administrative judicial procedure is more formal, strict and standardized, with the aim of ensuring fair and timely handling of cases. Compared with ordinary judicial procedures, it is more simple, flexible and easy to operate, which is conducive to ensuring the rapid handling and flexible execution of cases.
trait
Administrative judicial act is an administrative act with quasi-judicial power, that is, an administrative judicial act aimed at resolving disputes according to law. It adjudicates disputes according to quasi-judicial procedures and adheres to the principle of judicial procedures;
The subject of administrative judicial behavior is the administrative organ with administrative judicial power stipulated by law. In China, it mainly refers to administrative reconsideration organs, administrative adjudication organs and mediation organs;
3. The object of administrative judicial behavior is administrative disputes and civil and economic disputes related to administrative management, which are generally stipulated by law. Because the parties refuse to accept the decision of the administrative organ, or both parties fail to perform their obligations, or the administrative organ or other parties infringe upon the legitimate rights and interests of the other party, and there is a dispute or controversy over rights and obligations;
4. Administrative judicial behavior is an activity carried out by the administrative subject according to law, that is, the administrative organ adjudicates disputes according to law;
5. Administrative judicial acts have certain coercive force, binding force and execution power in different degrees (the execution of administrative mediation is special). However, the settlement of disputes is generally not final, so it is also actionable in principle. If you are dissatisfied with the administrative and judicial decisions, you can also bring a lawsuit to the court.
cause
The court is a state organ specialized in judicial activities. With the development of society, state functions have infiltrated into different state institutions, and it is difficult for courts to adjudicate specialized state affairs, especially the increasingly extensive and complex administrative functions, which ordinary courts cannot handle. Therefore, administrative organs are needed as judges to solve administrative disputes and some civil disputes. Some scholars call it quasi-judicial activity. Administrative organs, as referees, solve administrative disputes, which is called administrative reconsideration or administrative appeal. It is equivalent to administrative reconsideration as the pre-stage of administrative litigation. Administrative disputes resolved by administrative reconsideration, unless otherwise authorized by law, are mainly disputes within the scope of the competent duties of administrative organs. As a judge, administrative organs solve some civil disputes, which are generally limited to matters clearly stipulated by law. In administrative reconsideration, the superior administrative organ can not only revoke or maintain the ruling of the lower administrative organ, but also change it. Administrative judicial procedures are generally simpler than litigation procedures.
According to the tradition that public and private laws are not divided, a large number of administrative courts were established in Britain after the First World War. The British Administrative Tribunal is established in accordance with the law, and resolves administrative disputes between the government and citizens or civil disputes between citizens in accordance with the principles of openness, fairness and justice. The activities of the administrative court are of such a strong judicial nature that some scholars classify the administrative court into the judicial system, but it is also a part of the administrative organization and a special form of administrative justice.
compare
American administrative justice: close to the British model, but with its own characteristics. Since the establishment of the Interstate Commerce Commission in 1887, especially since the establishment of the United States Federal Trade Commission in 19 14, dozens of independent regulatory agencies subordinate to the administrative system have quasi-judicial functions, that is, administrative judicial functions. Officials who specialize in their duties are called presiding judges, and 1972 is renamed administrative judges. In order to maintain the relative independence of administrative judges, the management of administrative judges has also been transferred from administrative organs to civil service committees. From 65438 to 0978, there were 804 administrative judges engaged in administrative justice in America. According to the exhaustion principle of American administrative law, the management counterpart cannot bring a lawsuit to the court before filing a complaint with the administrative organ.
French administrative justice: French administrative court is not only an administrative system, but also an independent judicial system, which is the combination of administration and justice. The French administrative court has gone through such a development process: from the ministerial judge system dominated by the chief executive's ruling to the enhancement of the independence of the administrative court, and both the administrative organ's ruling and the administrative court's judgment are equally important until the administrative court's judgment is dominant. It is a special administrative and judicial mode.
Soviet administrative justice: The Soviet administrative justice is characterized by a developed arbitration system. Governments at all levels, from the Council of Ministers of the Soviet Union to autonomous countries, border areas and states, have set up national arbitration bureaus, and those who refuse to accept arbitration can also apply for review. The main function of arbitration institutions is to solve economic disputes, whether it is civil or administrative affairs.
People's Republic of China (PRC)'s administrative justice: The administrative organs, as referees, solve administrative disputes and some civil disputes. The administrative counterpart refuses to accept the administrative decision and applies for reconsideration to the organ that originally made the decision or its superior organ. According to the Administrative Procedure Law and the Regulations on Administrative Reconsideration, China has established a perfect reconsideration system.
Adjudication object
China's administrative judicial judgment is mainly about the administrative legal relationship between administrative organs, citizens and social organizations in managing state affairs. According to the Regulations on Administrative Reconsideration, administrative reconsideration mainly solves the problems that administrative organs affect the personal rights and property rights of citizens and social organizations, as well as other administrative disputes stipulated by laws and regulations. The Regulations on Administrative Reconsideration also stipulates the jurisdiction, institutions, participants, procedures, time limit, delivery and legal responsibilities of administrative reconsideration. Although there are no laws and regulations, complaints can be made, but they are within the scope of letters and visits. Generally, there are no strict frequency and procedural restrictions, and no lawsuit can be brought to the court.
Civil dispute system
Administrative adjudication system: according to the law, the competent administrative organ can adjudicate civil ownership disputes such as land, grassland and forest. Among them, the rulings on trademarks and patents are made by the Ad Hoc Review Committee and the Reexamination Committee. They also handle administrative disputes over trademarks and patents. If a party refuses to accept the civil ruling of the administrative organ, it may bring an administrative lawsuit to the court or an incidental civil lawsuit.
Administrative arbitration system for handling civil disputes related to contracts: economic contract arbitration and labor dispute arbitration. If a party refuses to accept the arbitration, it may bring a lawsuit to the people's court. However, unlike copyright arbitration, science and technology contract arbitration must be agreed by both parties before applying for arbitration. The arbitral award is final.
Courts and parliaments participate in adjudicating administrative cases: it is also an administrative justice for state organs such as courts and parliaments to resolve administrative disputes through judicial means. The court's settlement of administrative disputes is an administrative lawsuit. Common law countries are called judicial review, and the common court system is implemented. Administrative cases are under the jurisdiction of ordinary courts and the common law is applied. France and other civil law countries implement the administrative court system, that is, in addition to ordinary courts, there are also courts with full-time jurisdiction over administrative cases, and the precedents of administrative courts apply. People's Republic of China (PRC) implements the system that people's courts set up administrative tribunals to manage administrative cases. Parliamentary participation in the adjudication of administrative cases began with the parliamentary supervision system in Sweden [see parliamentary supervision system (Sweden)]. Parliamentary supervisors have the right to receive all complaints against state administrative organs and public servants, and have the right to investigate, inspect, criticize, suggest and even prosecute. The focus is on the supervision of administrative organs. Many countries have followed this system in the future, but most of them are limited to the supervision of administrative organs. The parliamentary supervisor can't make a decision on the case directly, but because the parliament has authority, its suggestions for solving administrative disputes will generally be adopted. Broadly speaking, this system can also be regarded as a kind of administrative justice.
Departmental functions
In our country, the connotation and function of judicial administrative organs are neither broad nor narrow as mentioned above, but the specialized organs of the government for administrative management of judicial work. Judicial administrative organs are part of governments at all levels. The State Council, Ministry of Justice. The judicial administrative organs of local governments at all levels are called judicial departments or judicial bureaus. It is not a judicial organ, so it cannot handle specific cases. Specifically, on the basis of the broad concept of judicial administration, this part mainly includes penalty execution, legal service management, judicial expertise management, people's mediation, judicial examination and so on, in addition to the judicial administrative tasks of public security organs, state security organs, procuratorial organs, judicial organs and so on.
Judicial administration refers to the activities of the state specialized organs to implement state management on administrative affairs in the judicial field, such as prison management, reeducation through labor management, legal publicity, lawyers, notarization, people's mediation, legal education, legal research, and governance according to law.
The functions of judicial administration mainly include popularizing laws and administering according to law, grassroots people's mediation, prison reeducation through labor, legal services, legal aid and other major functions.
I. Adjustment of responsibilities
(a) to cancel the administrative examination and approval items that have been cancelled in the State Council.
(two) to cancel the guidance and supervision responsibility for the examination and approval of social legal service institutions.
(three) to cancel the responsibility of organizing and guiding the notary examination.
(four) to increase the responsibility of guiding and managing community correction work.
(five) to strengthen the supervision and management of legal aid work.
Second, the main responsibilities
(a) to formulate the principles and policies of judicial administration, draft relevant laws and regulations, formulate departmental rules, formulate development plans for judicial administration and organize their implementation.
(2) To be responsible for the management of state prisons and assume corresponding responsibilities, and supervise and manage the execution of punishments and the reform of criminals.
(three) responsible for the management of reeducation through labor in the country and bear corresponding responsibilities, guide and supervise the implementation of reeducation through labor, and guide and supervise the management of drug rehabilitation places in the judicial administrative system.
(four) to formulate and organize the implementation of the national legal knowledge popularization plan, and guide the legal publicity, governance according to law and foreign legal publicity in all localities and industries.
(five) to be responsible for guiding and supervising lawyers and notaries, and to bear corresponding responsibilities, and to be responsible for the entrustment and management of lawyers from Hong Kong and Macao as entrusted notaries.
(six) to supervise and manage the national legal aid work.
(seven) to guide and supervise the construction of grassroots judicial offices and people's mediation, community correction, grassroots legal services and assistance and education.
(eight) organize the implementation of the national judicial examination.
(nine) to be responsible for the registration and management of judicial authenticators and judicial authentication institutions throughout the country.
(ten) to participate in the drafting and negotiation of international judicial assistance treaties, and to perform the relevant duties of the central authorities as stipulated in the judicial assistance treaties.
(eleven) to guide the foreign exchange and cooperation of the judicial administrative system, organize and participate in the exchange activities between the United Nations crime prevention organization and the criminal justice field, and undertake the judicial administrative affairs involving Hong Kong, Macao and Taiwan.
(twelve) responsible for the management of guns, ammunition, clothing and police cars in the judicial administrative system, and guiding and supervising the financial planning of the judicial administrative system.
(thirteen) to guide and supervise the construction of the judicial administrative team and the construction of ideological style and work style, to be responsible for the police management and supervision of the judicial administrative system, and to assist the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the central government in the management of leading cadres.
(fourteen) to undertake other tasks assigned by the State Council.
legal ground
administrative procedure law of the people's republic of china
Article 3 The people's courts shall safeguard the rights of citizens, legal persons and other organizations to prosecute and accept administrative cases that should be accepted according to law.
Administrative organs and their staff shall not interfere with or obstruct the people's courts in accepting administrative cases.
The person in charge of the sued administrative organ shall appear in court to respond to the lawsuit. Unable to appear in court, it shall entrust the corresponding staff of the administrative organ to appear in court.