On Administrative Dispute ——An approach to the distinguishment between administrative dispute and the dispute of civil affairs

As a kernel concept of the administrative litigation system, the term administrative dispute is quite different from civil litigation and criminal proceeding. One of the fundamental theoretical problems lies in how to define and distinguish the administrative dispute. The paper, taking both public law and private law as its dualistic background, believes that the administrative dispute is a dispute that happens between an administrative subject and a relevant persons such as citizen, legal corporate or some other relevant organizations and that can be solved under the public law according to such administrate norms as subject, public power and right and obligation while proposing two suggestions ——increasing generalizing regulations for administrative dispute from the viewpoint of system and establishing dispute-solving mechanism to clarify the limit of authority.