On the internal legal relationship between the executive

Abstract: The relationship between the executive complex internal Laws, including labor and personnel Administration within the legal relationship in dispute and the dispute settlement between the executive authorities in the legal relationship. Clarify the legal relations within the executive, administrative disputes for a better solution improve the dispute settlement mechanism of the executive authorities played a role in fueling.

Keywords: administrative agencies, internal legal relations, dispute settlement mechanism
China is in a special historical period of social transition, and that this transition will continue for a long time. In a one social structure to the process of structural change in a pluralistic society, the society will lead to the diversification of the main interests of diversification, coupled with the growing awareness of the rights of social subjects increased, so increasing social disputes, and disputes in the form of increasingly complex. Justice difficult to overcome the limitations of its own making and dispute resolution proceedings that can not be a surefire plan. dispute resolution mechanism for the executive " direct, fast, professional, low cost, "and so gradually the state, society, party favor. of the executive administrative mediation mechanism to resolve disputes, administrative decisions, administrative arbitration, administrative reconsideration, administrative letters and other forms can solve a variety of administrative disputes. in various forms of administrative disputes, the administrative organs of a large part of the internal disputes. the complexity of administrative organs, in which members, in which the internal human relations and the executive privilege dispute between the , that such administrative disputes in two forms. This paper start from both administrative dispute, the relationship between the executive authorities to sort out the internal legal order of the Administrative Dispute Settlement Mechanism of benefit.

First, labor and personnel Administration within the legal relationship in dispute
Analysis of the internal legal relations executive, first of all have defined the nature of the internal behavior of the executive. Administrative organ is the internal behavior of their own bodies and their executive staff not directly involved in the implementation of the rights and interests relative to the relevant organizations, command, coordination and supervision of such acts. administrative Law scholars for the Administration whether administrative action within the act, there are two views: one is in the negative saying, on the grounds that: �� only affect the internal behavior within the Government, its gain and loss issues, by assuming the internal Administration disciplinary action to resolve, not the list of administrative proceedings, does not belong to the scope of administrative action, �� the internal behavior is the administrative relationship and is based on the internal affiliation is not a legal relationship, but the organizational relationships. The other is, surely, said The internal administrative action. The main reason is: the kind of behavior is also required by Law, it is to produce legal effects of the act. I agree with denying that, because the definition of the concept of administrative action to the administrative litigation system is generated for the background and services for the administrative litigation system for the purpose of, for inappropriate behavior by a judicial review of internal administrative action should be excluded from the outside, could not be called administrative act alleged in concept, but also can not be defined for internal administrative action.

Nature of the conduct of the internal behavior of the executive can be divided into two categories: The first is the nature of work, such as the higher authority to subordinate bodies or executive heads of the respective agency personnel work on a direction, order, approval, approved, as well as working arrangements within the executive, plans and systems, the second is the nature of personnel, means the executive staff of the rewards and punishments, appointment, evaluation, reassignment, salary and benefits. The first internal actions do not involve specific relative to the interests of the administrative organs of the citizens, legal persons or other organizations with which there is no direct interest, it is not known as administrative acts. The second class of internal behavior is different, it is directly related to the interests of national Civil service, Civil servants in their implementation the specific administrative act, it is entirely representative of the executive and for, the incarnation of the executive, and in the appointment and removal of executive oversight of its implementation, evaluation, reassignment, determine wages, benefits and other acts, it is relative, as the executive side, and the relationship between the executive legally. Such legal relationship between the first internal administrative legal relations between the legal relationship with the external Administration, or even more close to the external administrative legal relations, for example, dismissed the executive, dismissed Civil servants, to their personal rights, property rights led to the cancellation of almost outside the executive relative to practice a profession, work permits, licenses the same. Therefore, the internal and external personnel management behavior as the specific administrative act, may infringe upon the legitimate rights and interests related citizens , but the object as an internal management relations is a special status of Civil servants. because the labor and personnel administration in dispute within the executive and Civil servants subject. Therefore, labor and personnel administration within the legal relationship in dispute is mainly administration and civil service disputes between labor and personnel relations.

On administrative agencies and the civil service disputes between labor and personnel processing, the current <<Civil Service Law "> only provides for review and appeal. Our line of Appeal pursuant to article 12 of the people's courts shall not accept the executive to the administrative organs staff rewards and punishments, appointment and removal proceedings against the decision. However, if the administrative act of the Civil Service of such basic rights as citizens, the people's court should be accepted. that the executive staff of the internal labor disputes involving the results as long as no relative as citizens basic rights and status, not relative to the court for judicial relief.

Equality before the Law. Civil servants are not because of its dual identity as an ordinary citizen be denied the rights. Is subject to certain civil servants within the administrative action to provide judicial relief against the principle of equality demands. On the Research focus on administrative action relative to the legitimate rights and interests outside of judicial relief, the internal behavior you should focus on the legal rights of civil servants for judicial protection. the traditional theory of administrative proceedings focused on the external relative of judicial relief, and for equally citizenship rights of judicial protection of civil servants are less discussed. In fact, citizens enter the country through civil proceedings after its original identity and legal status does not therefore lose, regardless of seniority of the executive civil service positions, He still would be a citizen of the legal rights and obligations as citizens remain. At present, some administrative law scholars have recognized the relationship between the internal administration of the law, if the acts of the executive involved in the internal management of the basic rights of workers, serious damage to civil servants interest should be included in the scope of administrative litigation. expulsion or dismissal of civil servants in the civil service based on the identity of such action, the interests of being punished pose a great impact, such administrative action should also be subject to judicial review. will be the executive authorities part of the internal behavior into the scope of administrative litigation, it is necessary.

Second, to resolve disputes between the executive authorities of the legal relationship
Disputes between the executive privilege mainly for conflict. The system of administrative law is not perfect, the executive authority and duties provided some very general, is not clear, some conflicting, imprecise, and some even have provisions resulted in administrative law enforcement system is chaotic, with varying quality of law enforcement officers, the practice will be common occurrence rights disputes.

Disputes between the executive power of both possible between the various ministries of the State Council or the same between different sectors of local government may also occur in different places but at the same level between different government departments may also occur in higher levels of government departments and lower levels of government or between government departments at lower levels and may even occur in the State and local governments and the upper and lower local governments. These disputes include both active powers dispute that claim only their own or with their own bodies have the same properties of a items of power, while denying the other party has any power, including the power of negative controversy, which has denied that he has any power (this power may be difficult but just adding to the benefit obligation), in reality, many departments, "pass the buck" Such is the power of the phenomenon of controversy. occur in these disputes between the executive authorities may not only lead to disputes within the administrative system, and often contradictory between the executive decision directly affects the interests of the administrative counterpart. some power though not directly dispute the relative impact of human rights, has a direct impact on the public interest.

Disputes between the executive authority of the phenomenon abound within the administrative system led to disputes about the authority of the executive and administrative opposite interests. Currently, the lack of institutionalization and standardization of the solution channel, which is difficult to timely and effective resolution of disputes. Links to Research Papers Download http://www.hi138.com of existing laws and regulations, especially between the executive authorities at all levels of division of powers between government departments is not clear, on the dispute settlement mechanism is rarely involved . <<Constitutional Organic Law of the State Council >>,<< >>,<< local people's congresses and local people's governments at all levels of the Organic Law of Regional Ethnic Autonomy >>,<<>> and two <"Special Administrative Region >> so, but broad-brush to the provisions of the responsibilities of governments at all levels of power, the power of the government departments did not involve, for departments, between departments and lower levels of government dispute settlement mechanism of power, institutions and procedures, provides little . Only the relevant provisions: <<Legislation Law "> 86," between the departmental regulations, departmental rules and regulations and between local government regulations inconsistent with the provisions of the same matter, the decision by the State Council. "As for the controversial agency how to apply for a ruling State how the arbitration process, with or without time limits and so is not clear.

In administrative practice, the executive privilege dispute between the main about several solutions: First, the controversial executive authority to resolve common superior, it used to by all levels of government office (room or coordinate the resolution of the supervisory organ, etc., if necessary resolved by the Chief Executive to come forward, now mainly by the Legislative Affairs Office of the Government at all levels of the specific host or co-solution. Second, coordinate and solve problems through their own departments. the State Council, governments at all levels, especially the establishment of a large number of inter-ministerial coordination body that coordinate the organization is mainly handled through consultations, "concerted efforts matters", but also the rights negotiated settlement disputes between departments. Currently, the two solutions as the institutionalization, standardization seriously inadequate, both the lack of specific legal basis, and no correlation procedural safeguards, dispute settlement of rights is often not timely, the lack of authority.

In addition to the above two solutions, there is an indirect solution to the way the executive privilege dispute, the administrative proceedings. In the legal authority of the executive authorities are clearly defined circumstances, the executive has no right under the right relative to the administration of the executive decision (such as license or as a confirmation of the conduct of punishment or negative, or the right to administrative organs in accordance with the administrative relative right of the executive decisions for the conduct of punishment or negative, may lead to privilege disputes , the relative who filed through the Administrative Appeal revoked,'s Court quashing the decision of the executive has no right or maintain the right of the executive decisions, this authority was indirectly dispute resolved. Also, for negative rights dispute by the Chief Executive is not a relative who brought suit can be resolved to some extent. However, as our country is not the national case law, the court's decision on a particular case does not have the effect, by extension, these types of administrative proceedings is difficult to becomes a regular and effective dispute resolution authority. Moreover, the relevant administrative authorities in case of active intervention caused controversy rights situation, according to existing regulations, court decisions can not be directly between the executive privilege dispute, only escalation to the relevant higher administrative authority to resolve rights disputes before ruling on the cause. This protracted case will affect the interests of judicial efficiency and related maintenance. Therefore, we must build new types of actions that can be expected to solve.

Third, the conclusion
Labor and personnel administration of the internal disputes and disputes over power between the executive authorities of the abundance and status of lack of timely and effective solution, not only led to constant disputes within the administrative system, the authority of the executive, more seriously, administrative relative human rights or public interests often become the executive powers of the dispute between the victim. combing through the internal legal relations executive, we can more clearly see the urgent need to improve the administrative organs of the few internal disputes: on the one hand, it should be through the improvement of relevant laws and regulations, clearly defined functional departments at all levels of government and its power to reduce the administrative authority as much as possible the occurrence of internal disputes, on the other hand, some as soon as possible within the scope of Action into action, and by taking various other measures to constantly improve the settlement of administrative the internal organs of the legal dispute mechanisms to promote the rule of law, the early arrival of the government. In view of this Administration to sort out the internal legal relations, this will not repeat them.


References:
[1] Jiang Mingan. Administrative Law and Administrative Procedure Law [M]. Beijing University Press, Higher Education Press, 2005 ..

[2] �� LAW. Law in the power struggle between the executive authorities in China [J]. LAW, 2006,7.

[3] Chen Xiaohua. Internal administrative actions in Research. [J]. Administration and Law, 2001,4.

[4] Liu, Fan Xiao-base. "Internal administrative acts" of the legal implications. [J]. Huazhong Agricultural University (Social Science, 2004,2.

[5] Yan Seoul treasure. On several issues within the administrative act. [J]. Administrative Law Review, 1996, (4): 14.

[6] Liu Zhang. Internal administrative theory of actionable behavior. [J]. Administration and Law, 2008, (3): 80.

[7] �� LAW. Of the executive authority of the legal regulation of disputes - from a few cases of "department of Debate" to go. [J]. National School of Administration, 2006,2. Reposted elsewhere in the Research Papers Download http: / / www.hi138.com