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Research On Administrative Mediation System Under The Background Of Government Function Transformation

Posted on:2016-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:W J ChenFull Text:PDF
GTID:2206330464955835Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of economic and social, our country entered the period of social transition, the contradiction between the diversification and complication of growing. To Seek diversified and multi-channel of dispute resolution mechanism has become the urgent task in legal theory and legal practice in our country at present.According to the basic requirement of the rule of law, administration according to law, efforts to strengthen the systematic functions of the government legal system construction, realize the legalization and modernization of government functions, and in the big background of actively building a service-oriented government, the administrative mediation as a kind of dispute resolution outside the lawsuit mechanism, which based on laws and regulations, with the parties concerned equal and voluntarily for the principle, the two sides equal consultation and come to an effective agreement, which is a flexible way of solving disputes, is more conducive to protect the legitimate rights of both parties. At the same time, the administrative conciliation system is also the embodiment of harmonious society concept, it is directly beneficial to build a service-oriented government in our country and it promote power administration to service administration.In the new period of economic and social development, the existing administrative mediation in solving contradiction and concrete application there are still some shortages, mainly displays in: the administrative mediation at the specification level method, it has no unified administrative dispute settlement mechanism and has caused many applicable arbitrary administrative mediation; Across the country’s lack of unified administrative mediation principles and overall requirements, it cannot ensure the impartiality and effectiveness of mediation. Administrative organ law enforcement functions at a suit, and dispute resolution in administrative law enforcement functions and mediation functions boundary is not clear and confuse each other;Relatively narrow the scope of administrative mediation as determined in the current law, many new, particularity of the dispute is not included in the category of the administrative mediation system, for example, the campus injury, medical disputes and cases such as product quality and so on;Mediation startup mode is not clear, inform the related mechanism has not been established, a large number of administrative mediation not provided clear limitation and time constraints, etc.; There is no clear legal effect of administrative conciliation agreements, so the parties can’t seek any other legal remedies.In the background of the transformation of the government functions and administrative mediation system in the actual operation of specific circumstances and disadvantages, to perfect our legal system of administrative mediation main paths: formulate unified administrative dispute resolution mechanism in the specification level; To establish the basic principles of administrative mediation system: the principle of party autonomy, the primary principle of mediation, legal and reasonable principle, principle of avoidance, not public principle of mediation; Determine that met the need of the case organization, Implementation of administrative law enforcement functions and functional separation mediation in administrative organs; Clear and constantly expand the scope of administrative mediation case, using "summed up + out" set way of legislation; Establish and improve the standard of administrative mediation procedure, the key to build a clear administrative told system, it is prohibited to unilaterally lift system, aging system; Based on the administrative contract attribute of the conciliation agreement and clear the contract effectiveness.
Keywords/Search Tags:Legal system of administrative, Administrative mediation, Dispute settlement mechanism
PDF Full Text Request
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