Administrative judicial procedures include administrative review procedures, administrative adjudication procedures, etc. Since administrative judicial behavior is an activity to resolve administrative disputes and adjudicate administrative disputes, it has quasi-judicial characteristics. Emphasizing fairness and impartiality should be the most fundamental requirement for the establishment of administrative judicial procedures.
Administrative judicial procedures are different from ordinary administrative procedures and ordinary judicial procedures. They are more formal, strict and standardized than ordinary administrative procedures. The purpose is to ensure that cases are handled fairly and timely; Compared with ordinary judicial procedures, it is simpler, more flexible and easier to operate, and is conducive to ensuring the rapid processing and flexible execution of cases.
Characteristics
1. Administrative judicial behavior is an administrative behavior that enjoys quasi-judicial power, that is, an administrative judicial behavior with the purpose of settling disputes in accordance with the law. It arbitrates disputes according to quasi-judicial procedures and adheres to the principle of judicialization of procedures;
⒉The subject of administrative judicial acts is the administrative agency with administrative judicial powers specified by law. In our country, it mainly refers to the administrative review agency , administrative adjudication agencies and mediation agencies;
⒊The objects of administrative judicial actions are administrative disputes and civil and economic disputes related to administrative management, which are generally specially stipulated by law. They are disputes or disputes involving interests in rights and obligations that arise when the parties are dissatisfied with the decision of the administrative agency, or both parties fail to perform their obligations, or the administrative agency or other parties infringe upon the legitimate rights and interests of the other party;
⒋Administrative judicial behavior is the administrative activity of administrative subjects in accordance with the law, that is, the behavior of administrative agencies to resolve disputes in accordance with the law;
⒌Administrative judicial behavior has determining power, binding force, and execution power to varying degrees (the execution of administrative mediation) The problem is unique). However, its resolution of disputes is generally not final, so it is also actionable in principle. Those who are dissatisfied with the administrative judicial decision can also file a lawsuit in court.
Cause
The court is a state organ specialized in judicial activities. With the development of society, state functions have penetrated into each other among different state agencies, making it difficult for courts to adjudicate specialized state affairs. In particular, administrative functions have become increasingly broad and complex and cannot be handled by general courts. To this end, administrative agencies need to serve as referees to resolve administrative disputes and certain civil disputes. Some scholars call it "quasi-judicial" activity. The resolution of administrative disputes by administrative agencies as referees is called administrative reconsideration or administrative appeal. It is equivalent to administrative review as the preliminary stage of administrative litigation. Administrative disputes resolved by administrative reconsideration, unless otherwise authorized by law, are mainly disputes that occur within the scope of administrative responsibilities. Administrative agencies resolve certain civil disputes as referees, generally limited to matters clearly stipulated by law. In administrative reconsideration, the higher-level administrative agency can not only revoke or maintain the decision of the lower-level administrative agency, but also change it. Administrative judicial procedures are generally simpler than litigation procedures.
British Administrative Judiciary Based on the tradition of no distinction between public and private laws, Britain established a large number of administrative tribunals after the First World War. The British Administrative Tribunal is established in accordance with the law and follows the principles of openness, fairness and impartiality to resolve administrative disputes between the government and citizens when enforcing the law or civil disputes between citizens. The activities of the Administrative Tribunal have a strong judicial nature, so much so that some scholars classify the Administrative Tribunal into the judicial system. However, it is also part of the administrative agency and a special form of administrative justice.
Comparison
American administrative justice: It is close to the British model, but it has its own characteristics. Since the United States established the Interstate Commerce Commission in 1887, and especially since the establishment of the Federal Trade Commission under authorization in 1914, dozens of independent regulatory agencies belonging to the administrative system have had quasi-judicial functions, that is, administrative judicial functions. Officials who perform their duties are called presiding officers. In 1972, they were renamed administrative judges. In order to maintain the relative independence of administrative judges, the management of administrative judges was also transferred from the administrative agency to the Civil Service Commission. In 1978, there were 804 administrative judges engaged in administrative justice in the United States. According to the exhaustion principle of American administrative law, the management counterparty cannot file a lawsuit in court before filing a complaint with the administrative agency.
French Administrative Justice: The French Administrative Court belongs to both the administrative system and an independent judicial system. It is a combination of administration and justice. The French Administrative Court has experienced such a development process: from the ministerial judge system in which the executive chief's ruling is the main one, to the increased independence of the administrative court and the equal emphasis on the administrative agency's ruling and the administrative court's judgment, until the administrative court's judgment is the main one. It is a special model of administrative justice.
Soviet administrative justice: Soviet administrative justice is characterized by a developed arbitration system. From the Council of Ministers of the Soviet Union to the Autonomous Republic of China, border regions and states, governments at all levels have national arbitration bureaus, and those who are dissatisfied with the arbitration can also apply for review. The main function of arbitration institutions is to resolve economic disputes, regardless of civil or administrative matters.
Administrative justice of the People's Republic of China: Administrative agencies serve as referees to resolve administrative disputes and certain civil disputes. In administrative disputes, the administrative counterparty who is dissatisfied with the administrative decision shall apply for reconsideration to the original agency that made the decision or its superior agency. According to the Administrative Litigation Law and the Administrative Review Regulations, China has established a comprehensive review system.
Object of adjudication
China’s administrative judicial adjudication mainly focuses on the administrative legal relations between administrative agencies and citizens and social organizations in the management of state affairs. According to the provisions of the "Administrative Reconsideration Regulations", administrative reconsideration mainly resolves issues affecting the personal rights and property rights of citizens and social organizations by administrative agencies, as well as other administrative disputes stipulated in laws and regulations. The "Administrative Reconsideration Regulations" also stipulate the jurisdiction, institutions, participants, application, acceptance, trial and decision procedures, period, delivery and legal responsibilities of administrative reconsideration. Although you can file a complaint without the provisions of laws and regulations, it falls within the scope of letters and visits. Generally, there are no strict restrictions on the number of times or procedures, and you cannot file a lawsuit in court.
Civil dispute system
Administrative adjudication system: According to legal provisions, the competent administrative agencies can make adjudication on civil ownership disputes such as land, grassland, forest, etc. Among them, the adjudication of trademarks and patents is made by ad hoc review and reexamination committees. They also handle administrative disputes regarding trademarks and patents. If the parties concerned are dissatisfied with the civil ruling of the administrative agency, they may file an administrative lawsuit with the court and file an incidental civil lawsuit.
The administrative arbitration system that handles contract-related civil disputes: economic contract arbitration and labor dispute arbitration. If the parties are dissatisfied with the arbitration, they can file a lawsuit in the People's Court. However, technology contract arbitration is different from copyright arbitration. Both parties must agree before applying for arbitration. The arbitration award is final.
Courts and parliaments participate in adjudicating administrative cases: Courts, parliaments and other state agencies use judicial means to resolve administrative disputes, which is also a type of administrative justice. The court resolves administrative disputes through administrative litigation. Common law countries are called judicial review and implement an ordinary court system. Administrative cases are under the jurisdiction of ordinary courts and apply common law; civil law countries represented by France implement an administrative court system, that is, in addition to ordinary courts, there are full-time jurisdictions for administrative cases. The courts shall apply the jurisprudence of the Administrative Court. The People's Republic of China implements a system of establishing administrative tribunals within the People's Courts to govern administrative cases. Parliament's participation in the adjudication of administrative cases began with the Swedish parliamentary supervision system [see Parliamentary Supervision System (Sweden)]. The parliamentary supervisory commissioner has the power to accept all complaints against state administrative agencies and public servants, and has the power to investigate, inspect, criticize, make recommendations, and initiate public prosecutions. The focus is on the supervision of administrative agencies. Later, many countries imitated this system, but most of them were limited to the supervision of administrative agencies. The parliamentary supervisory commissioner cannot directly make decisions on cases, but because of the authority of the parliament, its suggestions for resolving administrative disputes are generally adopted. Broadly speaking, this system can also be regarded as one of administrative justice.
Department Functions
In our country, the connotation and functions of judicial administrative organs are neither broad nor narrow as mentioned above, but the government’s administrative management of judicial work. Specialized agencies. The judicial administration is an integral part of all levels of government. The Ministry of Justice is part of the State Council. The judicial administrative organs of local governments at all levels are called the Department of Justice or the Bureau of Justice. It is not a judicial authority, so it cannot handle specific cases.
Specifically, it is based on the broad concept of judicial administration, excluding the part of the judicial administrative work tasks of public security organs, national security organs, procuratorial organs, trial organs, etc. that perform their own internal system management, mainly including penalty execution, Legal service management, forensic appraisal management, people's mediation, judicial examination and other major areas.
Judicial administration refers to the state management of administrative affairs in the judicial fields such as prison management, reeducation through labor management, legal publicity, lawyers, notarization, people's mediation, legal education, legal research, and governance according to law. activities.
The judicial administrative functions mainly include the main functions of popularizing the law and governing according to the law, grassroots people's mediation, prison labor education, legal services, legal aid and other major functions.
1. Adjustment of responsibilities
(1) Cancel administrative approval matters that have been announced and canceled by the State Council.
(2) Eliminate the responsibility of guiding and supervising the approval work of social legal service agencies.
(3) Cancel the responsibility of organizing and guiding the notary examination work.
(4) Increase the responsibilities of guiding and managing community correction work.
(5) Strengthen the responsibility of supervising and managing legal aid work.
II. Main Responsibilities
(1) Formulate judicial administration work guidelines and policies, draft relevant laws and regulations, formulate departmental rules, formulate development plans for judicial administration work and organize their implementation.
(2) Responsible for the management of prisons nationwide and assume corresponding responsibilities, supervise and manage the execution of sentences and reform criminals.
(3) Responsible for the national management of reeducation through labor and assume corresponding responsibilities, guide and supervise the implementation of reeducation through labor, and guide and supervise the management of drug treatment centers in the judicial administration system.
(4) Formulate a plan for popularizing legal knowledge among the people and organize its implementation, and guide legal publicity, law-based governance and external legal publicity in various localities and industries.
(5) Responsible for guiding and supervising the work of lawyers and notarization work and assuming corresponding responsibilities, and responsible for the entrustment and management of lawyers from Hong Kong and Macao as notaries.
(6) Supervise and manage legal aid work nationwide.
(7) Guide and supervise the construction of grassroots judicial offices and the work of people's mediation, community correction, grassroots legal services and assistance, education and placement.
(8) Organize and implement the national judicial examination.
(9) Responsible for the registration and management of forensic experts and forensic institutions across the country.
(10) Participate in the drafting and negotiation of relevant international judicial assistance treaties, and perform the relevant responsibilities of the central agency designated in the judicial assistance treaties.
(11) Guide the external exchanges and cooperation of the judicial administration system, organize and participate in exchange activities in the United Nations Crime Prevention Organization and the criminal justice field, and undertake judicial administrative affairs involving Hong Kong, Macao and Taiwan.
(12) Responsible for the management of firearms, ammunition, clothing and police vehicles in the judicial administration system, and guide and supervise the planning and financial work of the judicial administration system.
(13) Guide and supervise the construction of the judicial administration team and the construction of ideological and work styles, be responsible for the police management and police inspection work of the judicial administration system, and assist the provinces, autonomous regions, and municipalities directly under the Central Government in the management of the Department of Justice ( Bureau) leading cadres.
(14) Undertake other matters assigned by the State Council.
Legal Basis
"Administrative Procedure Law of the People's Republic of China"
Article 3 The People's Court shall protect the prosecution of citizens, legal persons and other organizations rights, and accept administrative cases that should be accepted in accordance with the law.
Administrative agencies and their staff shall not interfere with or hinder the People's Court from accepting administrative cases.
The person in charge of the administrative agency being sued shall appear in court to respond to the lawsuit. If you are unable to appear in court, you should entrust the corresponding staff of the administrative agency to appear in court.