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英国essay论文精选范文：“Administrative court system”，这篇论文讨论了英国的行政裁判所制度。行政裁判所制度作为英国行政法中所特有的制度，在其行政法制进程中起到了独特的作用。依据裁判所所裁判的事项，裁判所分为全国性、区域性或者地方性的组织。区域性或者地方性的裁判所分布各地、彼此独立。全国性的裁判所，一般有一个负全面责任的总裁或委员长，协调各裁判所的工作。

Academics is defined for Administrative Tribunals: Administrative Tribunals referred to court, refers to the General Court, established by the law for the settlement of administrative disputes, as well as among citizens and closely linked to social policy disputes of the special tribunals.

In the United Kingdom, and nature of the dispute to the referee, administrative or judicial nature of the Administrative Tribunal, administrative disputes from the rest on administrative tribunals. Franks Committee report and the 1992 judgment and Investigations Act, the controversy shows that the United Kingdom's official attitude, their complementary Administrative Tribunals is considered to have a judicial remedy mechanisms to resolve disputes. With the constitutional reform Act 2005 and the 2007 tribunals, courts and Enforcement Act implementation, the debate seems to be settled. Both of these "constitutional law" announced referee is the United Kingdom a member of the justice system, and guaranteed by the principle of judicial independence.

According to referee the referee, the referee is divided into national, regional or local organizations. Regional or local courts throughout the distribution, independent of each other. National tribunals, generally have an overall responsibility of the President or Chairman, coordinating the work of the Court.

Referee Committee proposals for professional referees, should apply more presidential system mode. President became head of the court system. Presidential system helps to weaken the association between courts and administrative authorities, improve the referee on the independence of the Executive; helped increase the flexibility in dealing with specific problem to referee; making decisions can gain more consistency, and prevent the same rules are applied varies, vary depending on the region.

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2007 United Kingdom carried out reforms, forming a new two-tiered Tribunal structure. Under the tribunals, courts and Enforcement Act of design, United Kingdom courts jurisdiction over all transferred to the two new tribunals, namely First-tier Tribunal and Upper Tribunal. The former is mainly responsible for the hearing of a case, you can handle the questions of fact and law. Which is responsible for handling appeals from decisions of the Court of first instance appeals cases. Two referees will be divided into a number of tribunals, each in charge of a class of cases. On November 3, 2008, the unified Tribunal system was born. A few days ago, established by the judge of first instance Tribunal of social security, health, education and social welfare Court, subsidy and compensation for soldiers of the war Court, tax court appeals judges established by the Administrative Appeals Tribunal, financial and tax courts, land tribunals.

In civil proceedings follow party doctrine of Anglo, by judges of fact judge and law separating the adversarial system of litigation. In the adversary system, the judge's task is not to find the facts of the case, but as the judge of the case. Adversary system in the United Kingdom has a long tradition of not only the Court's model, also constitute a United Kingdom Court ruled the basic model.

United Kingdom Court is not bound by strict rules of evidence like a court referee the relatively loose rules of evidence, for example, can accept hearsay evidence, Tribunal members can also rely on their own experience and knowledge to judge, but is not limited to, hearing the facts as submitted. United Kingdom ownership of a referee calls a witness to attend the hearing, answering questions posed by the Court. Witness testimony in the form of oral evidence at the hearing, the witness and a written summary statement, testimony or affidavits. In cases sanctioned by referees, phone, video, in the form of testimony can also be accepted.

In the United Kingdom, between the Tribunal and the lack of unified rules of procedure. Referee Committee has been working on a variety of court procedural rules between formulation and coordination, as well as the advantages and disadvantages of the rules of procedure to judge. Through research, we found that the referee programs and procedures of administrative reconsideration in China are very similar, including programs, hearing before the hearing procedures and decisions made by the referees. Therefore, the administrative court procedure questions not repeat them here.

Under the tribunals, courts and Enforcement Act, effective November 1, 2007, the original Administrative Tribunals Committee was abolished and replaced by new administrative justice and tribunals Council. Administrative judicial and referee by Committee for referee by of function main has following points: first, and on whole referee by system and any a referee by of organization institutions and daily for supervision, and proposed report; second, and on special important of problem, on whole referee by system and any a referee by, expand survey and proposed report; again, and on has entered into force of and proposed in the of about referee by of Parliament legislation for review and published views,.

Handling cases fairly and independently to ensure referees, United Kingdom for Administrative Tribunals to design its own rules of procedure. On May 19, 2008, the Tribunal procedure Committee was formally established. Now, as a basic procedural guidelines of the Court, the Court of appeal procedures and the tax court rules have been issued by the judge of first instance. Although the referee did not follow its own previous decisions of the obligation, but this does not mean that in practice this is not done. The tribunals, courts and Enforcement Act article 23rd will be the President of the high authority was delegated to the referee, he could be through the development of a practical guide to actually provide the referee with the some of the judgments in case binding.

On court ruling, and there is no inherent right to appeal. Channels of complaints can be divided into the following three categories.

Under the tribunals, courts and Enforcement Act 2007 provisions of United Kingdom courts jurisdiction over all transferred to the two new tribunals, courts of first instance and the Court of appeal. Not satisfied with the decision of the Court of first instance, can appeal to the appropriate Court of appeal.

Legal provisions for appeal against the referee's decision, you can appeal to the Minister. Such provisions are rare, mostly needed by policy decision of the case.

According to the 1992 law on tribunals and investigations section 11th provides that "on points of law against" individuals have the right to bring complaints to the referee. He can appeal to the High Court; or in accordance with the provisions of the rules of court, require the magistrate to present a case to the High Court. Court can make should all decisions made by the referees, or sends the case back to the Court, judge based on the opinion of the High Court, be retried or make a decision anew.

United Kingdom practice shows that the reform of administrative tribunals, how to configure the jurisdiction is not ruled by a rationalization of technical problems, more academic issues is not only in the field of law, but are always closely associated with the specific periods of social change. United Kingdom administrative reform at least to reveal to us in the following Parties:

Whether administrative reconsideration or administrative ruling, the essence of judicial behavior. We judge the acts of a public authority is judicial action, the key lies not in the name of the body or institutional membership, and must be only from organs and study on the mode of operation if it meets or generally conform to the characteristics of the judicial power: independent, intermediary, according to law, after, passive, controversial executive force, and so on. Because, whether administrative reconsideration or administrative decisions is exercised by the Executive power, but does not change the nature of judicial power, except that the shift in power in the different institutions.

Administrative judicial organs must be independent and impartial. Administrative agency decisions administrative, civil dispute since it is a judicial act, then we have ruling bodies independence, ensure the ruling fair. In China, the executive authorities may carry out judicial functions, but basically there is no independence, general administrative body without discrimination. It is hard to guarantee the impartiality of its decisions, is the key factors constraining the healthy development of administrative adjudication system.

Administrative jurisdiction should be relatively centralized and unified. Authoritative, professional, fair, fast, inexpensive is the life of the system of administrative justice. To achieve the above objectives, efforts are needed to address the problem of fragmentation of administrative justice. This means that will provide the citizens with a unified, the whole system of administration of Justice, citizens can easily apply for relief. The relative concentration of administrative jurisdiction, not only for referee Services provides a centralized, unified by the parties, and to enhance the ability to prevent executive interference, more efficient use of judicial resources.

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