Administrative adjudication refers to the specific administrative organs or legally authorized organizations that review and make rulings on specific civil disputes (disputes) that occur between equal subjects and are closely related to administrative management activities. Behavior.

The subject matter of administrative adjudication is statutory. Only when authorized by law can administrative agencies review and adjudicate civil dispute cases within the scope of authorization. Without legal authorization, administrative agencies cannot decide and adjudicate certain civil dispute cases on their own.

Characteristics of administrative adjudication

1. The subject of administrative adjudication is the administrative agency authorized by laws and regulations. Administrative adjudication is a specific administrative agency authorized by laws and regulations, not a judicial agency. However, not any administrative agency can be the subject of administrative adjudication. Only those administrative agencies that have the authority to manage specific administrative matters are expressly authorized by laws and regulations. , can it adjudicate civil disputes related to its management powers and become the subject of administrative adjudication. For example, the "Trademark Law", "Patent Law", "Land Management Law", "Forest Law", "Food Hygiene Law", "Drug Management Law", etc. provide for infringement compensation disputes and ownership disputes, authorizing relevant administrative agencies to These disputes will be adjudicated.

2. Civil disputes subject to administrative adjudication are related to administrative management. The occurrence of civil disputes between the parties that are closely related to administrative management activities is the prerequisite for administrative adjudication. With the development of social economy and the expansion of government functions, administrative agencies have gained the power to adjudicate civil disputes. However, the adjudication of civil disputes by administrative agencies does not involve all civil fields. Only when the civil dispute is closely related to administrative management, the administrative agency will adjudicate the civil dispute to achieve the purpose of administrative management.

3. Administrative adjudication is an administrative act based on application. After a dispute occurs, both parties to the dispute may apply to a specific administrative agency for a ruling within the statutory time limit in accordance with the provisions of laws and regulations. Without the application behavior of the parties, the administrative agency cannot initiate the adjudication process on its own.

4. Administrative rulings are quasi-judicial. Administrative adjudication is an activity in which administrative agencies exercise their adjudicatory power and has legal effect. When an administrative agency implements administrative adjudication, it arbitrates civil disputes as a third party, which is of a judicial nature. At the same time, it adjudicates disputes as an administrative agency, which is of an administrative nature. Therefore, administrative adjudication has both judicial and administrative characteristics, which is called quasi-judicial.

5. Administrative adjudication is a specific administrative act. Administrative agencies make rulings on specific civil disputes in accordance with the authorization of laws and regulations, which are legal conclusions made ex officio on civil disputes that have occurred. This kind of administrative ruling has the basic characteristics of specific administrative actions. Disputes arising from an administrative counterpart's dissatisfaction with an administrative ruling are administrative disputes. In this regard, except for cases involving statutory final rulings, the parties may apply for administrative reconsideration or initiate administrative litigation in accordance with the law