Theoretical Logic and Institutional Arrangement of Administrative Adjudication Relief

The provisions on the administrative adjudication relief in China are scattered in all kinds of laws and normative documents, showing the legislative status quo of both general and special provisions, civil litigation and administrative litigation. In theory, the academic circles also put forward various possible schemes such as “the choice of the two”, “the unity of the two” and “the new litigation theory”. The administrative adjudication relief has its special internal mechanism, which must return to the essence of administrative adjudication, implement the basic judicial principles, and follow the three principles of judicial final settlement, substantive dispute resolution and cheap parties. The scientific and comprehensive institutional arrangement should be to distinguish “adjudication result” from “adjudication behavior” and adopt a strict two-track system. If the party concerned is not satisfied with the “adjudication result” of the administrative organ in resolving the civil dispute, it shall bring a civil action with the other party to the dispute as the defendant; If the party concerned is not satisfied with the “adjudication behavior” of the administrative organ in resolving the civil dispute, such as illegal dereliction of duty by adjudicators, it should be resolved through internal supervision of the administrative or discipline inspection and supervision mechanism.