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On The Constructing Of Mediation System In Administration Litigation

Posted on:2007-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2166360185978489Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The principle of not using mediation in administration procedure with the exception of the administration compensation dispute applied, is to strictly forbid the random jus dispodendi of administration subject in the litigation process, and to realize the legislative purpose of"supervising the administration body by law".However, in the sentence-oriental system to settle the dispute, the nonpros as a way to wind up a case cannot be excluded, so, many nonpros cases happens in the trial practice. In this case, not only cannot the legislative purpose mentioned above be fulfilled, but many mediation activities flourish under the table of judicial review. The limitation of mediation system is frustrated in the face of the reality, and threatens the effective supervising on the executive authority.At the chance of Administration litigation law modifying, to respond the need of reality, The article ,starting from analyzing the disadvantages of limiting mediation, studies the conversion of the executive authority's operating model, and explains the theoretical basis for mediation limitation. In the meantime, Setting from the specialized oriental social psychology"harmony prioritized"and legal culture, and responding the calling of constructing a harmony society, the writer discusses the introduction of mediation system, a model of consent settlement of dispute, in the administrative litigation, and dedicates to build a legal framework for the introduction mentioned above.
Keywords/Search Tags:mediation system, administration litigation, consent settlement of dispute
PDF Full Text Request
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