A Study Of Deally-system On Administrative Prosecution

Litigation settlement, with the emergence of the concept of social diversity, civic consciousness expansion of sovereignty within the legal system in the world produced the inevitable result, in recent years, the process of gradually deepening the rule of law in China, also in the judicial system made a lot of twists and turns progress, introduction of the concept of reconciliation is one of the elements of this progress. With the modern administrative executive to positive from negative changes in the administration, the desire of citizens to participate in the administration have become increasingly prominent in recent years, judicial practice, the parties to the withdrawal of the way to resolve administrative disputes, a large number of cases occurred, rather than the substantive law in this way separated from the specifications, the better rule of law in order to meet the development needs of our country, through legislative action settlement system will be incorporated into the administrative rule of law, which for the timely and thorough settlement of administrative disputes, improve the judicial and administrative efficiency, maintaining the legitimate rights and interests of citizens are very important significance. This administrative action settlement system of the basic concepts of this concept and the relationship between the related concepts as the starting point, trying to administrative action settlement system through a description of the relative system, combined with China's judicial practice of administrative action settlement system established in China necessity and feasibility of the system design and specific to the system of settlement of administrative proceedings for the establishment and development help.This addition to the introduction and conclusion, including the following four aspects:Part I: describes the basic administrative action settlement system theory. From the concept of administrative action settlement system analyzes the administrative proceedings and administrative litigation settlement mediation, reconciliation and administrative mediation administrative proceedings, administrative proceedings and civil litigation settlement between reconciliation, clear paper to be discussed in the settlement system is in the administrative proceedings carried out under this background; on the basis of administrative proceedings to define the concept of reconciliation and settlement of administrative proceedings and the status of the system was briefly discussed. Part II: Establishing the need for administrative action settlement system and the feasibility analysis. The first small part to China's traditional "harmony" based on the concept, from the settlement of administrative disputes between the parties the purpose of proceeding to elaborate administrative litigation in China has established the need for reconciliation system; the second small part of foreign aid experience in administrative action settlement system, combined with our current situation the rule of law, from the theoretical and practical basis for discussion both in our country to establish the feasibility of administrative action settlement system.Part III: discusses the establishment of administrative litigation in the settlement system of the macro-vision. In reference to foreign legislative model based on the macro aspects of the system design during the grasp of the legislative model should be selected; is the so-called no rules no standards, any enactment of law has its principle should be followed, so I followed the system analysis of the system of Administrative action settlement should follow the basic principles.Part IV: focuses on the establishment of administrative litigation in the settlement system of the specific system design. Mainly from three major aspects of the institutional framework in detail: first, a reasonable interpretation of the establishment of the judicial system to ensure justice, to reconciliation and effective implementation of the system to provide a positive operating environment; Secondly, administrative proceedings are discussed in detail the time for reconciliation , scope, methods, limitations, effectiveness, procedural rules, the cost of defective commitment issues and settlement of administrative proceedings for relief; Finally, the judge in the administrative action settlement system of the roles of the position.