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Jurisprudential Analysis Of Administrative Mediation System

Posted on:2015-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ZhuFull Text:PDF
GTID:2176330431469721Subject:Law
Abstract/Summary:PDF Full Text Request
China is currently in a key stage of rapid economic development and transformation, when there exist diversified stakeholders and various conflicts become more acute. Therefore, it has become the common goal of all the Chinese people that the disputes should be resolved in a reasonable and high-efficient manner, stable society order should be maintained and a harmonious socialist society with Chinese characteristics should be built. Administrative mediation system has become a more and more widely adopted measure to resolve the conflicts and disputes in the current economy and society. From the theoretical aspect, modern administrative law equity theory, administrative legitimacy and justification, contract theory are all solid theoretical basis for administrative mediation to act as an important means to resolve conflicts and disputes. From the practical aspect, administrative mediation, as a quasi-judicial system, can improve the effectiveness of administration, reflect the Thought of Good Governance, save judicial resources and protect the rights of the people involved. It can raise citizen’s awareness of rights and protect their dignity, which will contribute to building and improving China’s diversified dispute resolving system.However, the existing administrative mediation of China has problems such as being obscure in the nature of the administrative mediation agreement, lacking legal effect, administrative mediation subjects being unequal, the counterparts being in need of relief measures, improper organizational structure of the administrative mediation organization and mediators having different levels of ability. The cause for the problems is mainly mistakes we made when learning good practice from foreign countries. Apart from that, the missing legal system is also one of the key reasons. Consequently, we can establish and improve our administrative mediation system from areas such as the nature of the administrative medication agreement, the ability of the mediators and organizational structure. We deeply believe that China’s administrative mediation will embrace a new development, playing a more vital role in resolving the social disputes and promoting a harmonious society.
Keywords/Search Tags:legal system, administrative medication, resolving disputes, legalanalysis
PDF Full Text Request
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