On Administrative Relief

Author: Bi Kezhi
Publisher:
Publish Date: 2005-05-01
Features: This book is guided by the basic theories of administrative law and combines with the current legislation on administrative relief in China. While comprehensively analyzing and discussing the fundamental principles of the administrative relief system, it also explores how to properly implement the administrative relief system. In the specific discussions, it emphasizes both theoretical research and practical issue exploration; it focuses on analyzing and discussing China's administrative relief system while also introducing and drawing on theories of administrative relief systems from abroad. The book is divided into five parts:
Part 1 primarily discusses the basic principles of administrative relief. Its main content includes: First, starting with an introduction to administrative violations and administrative torts, it derives the concept of administrative relief and systematically elaborates on the theoretical foundation of the administrative relief system. Second, based on China's existing legislation on administrative relief, it proposes the principles that administrative relief agencies should follow when implementing administrative relief, the channels for applicants to apply for administrative relief, and the types and methods of administrative relief. Finally, to further improve China's administrative relief system, this part also systematically introduces the administrative relief systems of countries such as the UK, the US, France, Germany, and Japan.
Part 2 primarily discusses administrative reconsideration relief. Administrative reconsideration relief is a major channel for applicants to seek administrative relief. It starts by resolving administrative disputes, utilizing the hierarchical supervision relationship within the administrative agency system, where higher administrative authorities review and correct illegal or improper administrative acts that are the subject of the dispute, thereby protecting the legitimate rights and interests of applicants and ensuring and supervising the exercise of administrative powers by administrative entities in accordance with the law. In this part, based on the specific provisions of China's Administrative Reconsideration Law, combined with the practice of China's administrative reconsideration system and theories of administrative reconsideration systems from abroad, the author primarily analyzes and discusses the following issues: (1) the principles that administrative reconsideration agencies should follow when conducting administrative reconsideration; (2) the scope of cases for administrative reconsideration; (3) the subjects and jurisdiction of administrative reconsideration; (4) the procedures for administrative reconsideration.
Part 3 primarily discusses administrative litigation relief. Administrative litigation relief is an important legal system established in modern democratic countries and also a major channel for applicants to seek administrative relief. It is through the resolution of administrative disputes by national judicial authorities that administrative entities' illegal administrative acts are corrected, and the damages to the legitimate rights and interests of applicants caused by administrative acts are remedied. In this part, the author not only discusses the general principles of the administrative litigation system, such as the principles, jurisdiction, trial procedures, and enforcement of administrative litigation, but also, based on China's Administrative Litigation Law and relevant judicial interpretations, combined with the practice of China's administrative litigation and relevant theoretical achievements from abroad, focuses on discussing the scope of cases for administrative litigation and the evidence system of administrative litigation, while also presenting their own views.
Part 4 primarily discusses administrative compensation relief. Administrative compensation is a part of state compensation and the main way the state provides relief to applicants. With the establishment of democratic and constitutional political systems, administrative compensation systems have gradually been established in countries around the world and have played an important role in providing rights relief to administrative counterparts. In this part, the author does not limit themselves to the existing provisions of China's State Compensation Law, but instead, taking the existing provisions of China's State Compensation Law and the practice of administrative compensation as a reference, combined with foreign legislation and theoretical achievements on administrative compensation, analyzes and argues around the following issues and presents their own views: (1) the principles of attribution and constitutive elements of administrative compensation; (2) the scope of administrative compensation; (3) the obligating agencies and applicants for administrative compensation; (4) the procedures for administrative compensation; (5) the methods and calculation standards for administrative compensation.
Part 5 primarily discusses administrative compensation relief. The administrative compensation system is a legal system established to provide relief to administrative counterparts whose legitimate rights and interests have been damaged by the legal administrative acts of administrative entities. It holds an indispensable position in the entire administrative relief legal system and is another key focus of our research on administrative relief systems. Although China does not have unified legislation on administrative compensation, single acts of legislation and regulations have clearly stipulated the principles and scope of administrative compensation. In this part, the author not only discusses the general principles of administrative compensation, such as the principles and scope of administrative compensation, but also systematically elaborates on specific issues such as the procedures and methods of administrative compensation, while also presenting their own views.