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Concrete Perfect Mediation System Of Administrative Review In China

Posted on:2011-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:S XieFull Text:PDF
GTID:2166330332964269Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The method of mediation has a long historical tradition in China, and has been widely used in private law area. Given its high efficiency, low-cost, and peaceful and acceptable solution style, the method of mediation is popular in dispute resolution area. In modern times, with the change of the concept that the public authority can not be punished and the rise of the administrative concept of"service and cooperation", the mediation, a method of the dispute solution was introduced into the administrative field. The"Administrative Reconsideration Law Implementation Regulations", which was issued in May 2007, definitely confirmed the status of mediation system of administrative review in the form of administrative regulations. Administrative reconsideration Mediation since began to be widely applied to solve various administrative disputes and arguments in administrative areas, and achieved encouraging results. Administrative reconsideration mediation system plays a huge role in the area of resolving administrative disputes, maintaining harmonious relations between the government and the public, protecting timely the legitimate rights and interests of citizens, and supporting the stability of the social order. However, the provisions of the current laws to the applicable principles, the concrete scope, and the specific content of the mediation procedures are too simple and narrow, which is not conducive to the guidance of the specific practice, and don't fully play its function of the administrative review mediation system. Therefore, the specific contents of the administrative review mediation system need urgently the specific improvement and refinement.This article, based on the practice, by introducing the mediation system to the administrative review area, and in view of the problems and difficulties which existed during the practical operation of the administrative review mediation system, put forward the concrete perfecting ideas in improving our administrative review mediation system from the two parts of macro principle guidance and the specific procedure setting.
Keywords/Search Tags:administrative review mediation, applicable scope of administrative review mediation, basic principles of administrative review mediation, legal effect of administrative review mediation
PDF Full Text Request
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