Distinguish between Administrative Disputes and Civil Disputes
Distinguish between Administrative Disputes and Civil Disputes
The Arbitration Law of the People’s Republic of China excludes two types of disputes from arbitration. The first type is disputes relating to marriage, family, adoption, succession, and other personal relationship. And the second type is administrative disputes that are subject to administrative jurisdiction.
As to the second type, it is sometimes difficult to distinguish between civil and administrative disputes when an administrative authority is a party to the dispute.
To distinguish between civil and administrative disputes, the following factors should be taken into consideration:
The first is the identity of the parties to the dispute. In an administrative dispute, either party is an administrative body or an authorized agent of an administrative body, or both parties are administrative bodies and/or authorized agents. But in most cases, the party raising a dispute is an individual, a legal person, or other organization that is the subject of an administrative relation.
The second is whether public power is involved. An administrative dispute involves the exercise of public power by an administrative body or its authorized agent, but a civil dispute does not involve the exercise of public power. For example, a business transaction between an administrative body or its authorized agent and a company does not involve the exercise of public power and both parties are doing business as equals.
The third is whether the issue is dispute is to determine the legality and/or appropriateness of the exercise of public power by an administrative body or its authorized agent. If yes, the exercise of public power affects public interest, the dispute is an administrative dispute that is subject to administrative jurisdiction and may not be arbitrated by an arbitration institute that is private in nature. If no, it only affects private interest, the dispute is a civil dispute and is arbitrable.
Robert Zhang 
Steve Li 