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An Initial Study Of Establishing Administrative Litigation Mediation System

Posted on:2006-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Y QiFull Text:PDF
GTID:2166360182965536Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative rule by law is the key of of rule by law, accusing right is the core and human rights are the ultimate pursuit of rule by law respectively. Therefore, traditional conception of administrative rule by law thinks that administrative power and citizen power are opposite, administrative litigation system is the product of their contradiction. Administrative litigation law in force in our country stipulates that people's court is unsuitable for mediating except try an administrative compensation case. Administrative litigation rejects mediation. However, in the trial practice, plaintiff and defendant under tacitly consenting and even through coordination resolved mass cases by mobilizing of court. This kind of dissimilation way is the most vivid portraiture of mediation system in reality. At present, suggestion draft of revision in the administrative litigation put forward that court may deal with mediation to administrative cases under the presupposition of the court don't violate the law, public benefit or another person's lawful rights and interests. Third person may attend mediation through the permission of the law. From this we can see that establishes mediation system in the administrative litigation is the response of judicial system to trial practice. Through the comparative study of administrative litigation mediation system both at home and abroad to look for establishing administrative litigation mediation system in our country under the idea of administrative rule by law. This thesis gives discussion of establishing administrative litigation mediation system in our country from four aspects. The first part start with administrative litigation mediation system orientation, introduce its concept, law quality and superiority. The second part gives comparison with foreign mediation system, briefly analyzes mediation system value orientation toadministrative dispute settlement, judicial improvement and referential significance to administrative litigation reform in our country. The third part analyzes legal principle which administrative litigation should exist, explore the feasibility of establishing administrative litigation mediation system from judicial practice to the demand of legal principle and transformation of modern administrative law new conception .the fourth part, some of preliminary expecting ideas about the mediation system in administrative litigation in our country put forward include its suitable principle, condition and concrete system.
Keywords/Search Tags:administrative litigation, mediation, punish right
PDF Full Text Request
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