Research on Administrative Dispute Resolution Mechanisms: With Administrative Adjudication as the Focus

Author: Zhang Shuyi
Publisher:
Publish Date: 2006-01-01
Features: This book is a mid-term achievement of the project "Improvement of WTO and Administrative Remedial Systems" funded by the Ministry of Education. On the surface, "Improvement of WTO and Administrative Remedial Systems" seems unrelated to the theme of this book, but this is not the case. Joining the WTO undoubtedly posed a historic challenge to China, and this challenge coincided with China's ongoing process of establishing a market economy. The reason we faced such a significant challenge is precisely because of their common intersection: the market economy. Therefore, China chose the market economy during its reform, and it chose international economic integration through the market economy. For China, the market economy is not merely a type of economy different from the planned economy; in terms of technology, institutions, and even culture, it is fundamentally distinct from the planned economy. This is why we speak of China's social transformation. A social transformation is a once-in-a-thousand-year event, but when considering technology, institutions, or even culture, it is also something that is difficult to change in a thousand years. Such a transformation inevitably involves all aspects of society. WTO, government activities, and administrative remedial systems are all factors that are hard to avoid in social transformation. When we focus on these factors, the first thing that catches our eye is such a contradictory phenomenon:
One contradiction: China's reform broke the state's monopoly over all social resources, leading to increasing diversification of interests. Interest diversification inevitably results in more disputes. Facing an increasing number of disputes, we hope for a strong judicial power, but the current state of judicial power is unsatisfactory.
Two contradictions: While judicial power is strengthening in China's reform process, it is encountering the problem of "explosive litigation." The increasing number of disputes generated by a pluralistic society are flooding the courts, making it difficult for them to bear the burden. As a result, the strong judicial power we desire is struggling to develop.
Three contradictions: When judicial power is in a difficult position, we see another scenario: disputes that were previously handled by administrative agencies are being pushed into the courts during the reform process—such as the Road Traffic Safety Law and the Public Security Administration Punishment Law. This is undoubtedly "adding insult to injury" for the already struggling judiciary.
Four contradictions: While transitioning from a planned economy to a market economy, it is necessary to reduce government functions, but this reduction cannot be simplified. This also leads to the other side of the issue—calls to strengthen government functions, reducing its direct role in organizing economic activities and allocating resources, while enhancing its role in regulating and supervising the market. Between cutting back and strengthening, we often make missteps.
The existence of these contradictions leads us to focus on a theme: in a society where conflicts, disputes, and conflicts are increasingly common, what kind of dispute resolution mechanism can we seek to ensure social harmony and stability? The social sciences and legal fields have proposed the concept of "diverse dispute resolution mechanisms," including private enforcement, public enforcement, judicial proceedings, arbitration, mediation, and reconciliation, all of which are important approaches. However, for Chinese society, we must consider the role of the administration in dispute resolution mechanisms. After all, our movement began from a starting point where the administration allocated all social resources. During China's reform, the administration should indeed withdraw from inappropriate areas, but it is also necessary to explore in which aspects it should be strengthened. Especially in areas where social disputes are increasing, the administration may have an unavoidable responsibility in building a harmonious society. This is the purpose of this book.
Of course, since this book studies issues during the period of social transformation, particularly China's social transformation, there are no precedents, and reference materials are scarce. Many of the views presented may therefore appear superficial. This is not an excuse for the book's immaturity but rather an "autobiography" of Chinese academia. Let it serve as a "pebble dropped into the pond to stir the waters."