Theoretical Logic and Institutional Arrangement of Administrative Adjudication Relief

The provisions on administrative adjudication relief in China are seen in all kinds of laws, regulations, rules and administrative normative documents, showing the legislative status quo of the coexistence of general provisions and special provisions, of civil litigation and administrative litigation. In theory, scholars have put forward various possible schemes, such as “alternative theory”, “combination theory” and “new litigation theory”. Administrative adjudication relief has its special internal mechanism. It needs to return to the essence of administrative adjudication, abides by the basic judicial principles, and follows the three principles of judicial final settlement, substantive dispute resolution and benefits of the parties concerned. Therefore, a more scientific and comprehensive institutional arrangement should distinguish between “adjudication result” and “adjudication action” and adopt a strict two-track system. If a party concerned is not satisfied with the “adjudication result” of the administrative organ in resolving the civil dispute, the other party of the dispute should file a civil lawsuit as the defendant. If the party concerned is not satisfied with the “adjudication action” of the administrative organ, such as breach of duty of adjudicators, the dispute should be resolved through internal administrative supervision mechanism and discipline inspection and supervision mechanism.