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Administrative Litigation Mediation

Posted on:2012-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ZhaoFull Text:PDF
GTID:2166330338457651Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China's current administrative procedure law provides for the trial of administrative cases is not suit for mediation .The withdrawal of the cases in practice the administration of justice accounted for a large weight .These cases implicate the great efforts of both judges and parties .Does not apply to the mediation and administrative proceedings shall not conflict with this principle ,all parties agree upon ,after the withdrawal of the way is called"coordination of processing".Due to lack of corresponding legal provisions ,called"coordination and handing"real deal for the mediation of administrative disputes the way in practice difficult to grasp the scope and procedures of the specific norms ,theorists of the establishment of administrative proceedings for the mediation system is becoming the voice of high. Therefore, it is necessary to complete the administrative proceedings to determine the mediation system to regulate the role of mediation in administrative proceedings of the play , make it more effective to resolve administrative dispute.The so-called administrative dispute mediation ,refers to the administrative proceedings ,the people's court application by the parties or by their own terms, through the interpretation and guidance of both parties out in the voluntary and lawful basis to reach a mediation agreement, and eventually settled by mediation totermination of legal proceedings . And resolve contradictions and disputes an administrative litigation system. Administrative cases involving more complex social relations, and with the rise of the Service Administration, there has been a large number of new cases of administrative disputes. If you allow for some cases mediation can resolve social conflicts, is conductive to maintaining social stability and promoting social harmony. Establishment of Administrative Litigation Mediation key to the trial through the relationship between mediation and to seek mediation for the model of administrative litigation , administrative proceedings and the mediation of the application of scientific definition.
Keywords/Search Tags:administrative dispute mediation, mediation model, application mediation
PDF Full Text Request
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