Institution Independence and Expertise Judgment in Administrative Remedy——Experience and issues of the Administrative Law Judge in U. S. A.
Gao Qin-we
Abstract
Gao Qin-we
Abstract
Administrative law judge is a more important post and unique phenomenon in U. S. A. administrative law system, which handles lots of administrative disputes by hearing everyday and plays an important role. Meanwhile,there exist long-standing controversy about the administrative independence and professional issues of the judges. At the federal level,the current system is the outcome of compromises,but at the states level,some states even name as the Administrative law Court to the institutions independent organization of the administrative law judge,which reflecting Americans' understanding of the concept and logics of the administrative process,administrative relief,which also can contribute to improve the system of administrative remedy in China.
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Administrative law judge is a more important post and unique phenomenon in U. S. A. administrative law system, which handles lots of administrative disputes by hearing everyday and plays an important role. Meanwhile,there exist long-standing controversy about the administrative independence and professional issues of the judges. At the federal level,the current system is the outcome of compromises,but at the states level,some states even name as the Administrative law Court to the institutions independent organization of the administrative law judge,which reflecting Americans' understanding of the concept and logics of the administrative process,administrative relief,which also can contribute to improve the system of administrative remedy in China.
Key concepts: Administrative law, Law, Institution, Independence (probability theory), Political science, Administrative services organization, Administration (probate law), Public law