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A Study On The Mediation System Of Administrative Litigation In China

Posted on:2017-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:S MaFull Text:PDF
GTID:2206330488454997Subject:Law
Abstract/Summary:PDF Full Text Request
The latest revision of the 2014 "People’s Republic of China Administrative Procedure Law" clearly define the scope of administrative litigation mediation applicable. From the theoretical and practical aspects of administrative litigation mediation system for analysis, analysis of the basic concept of administrative litigation mediation system, feasibility, and the practical application of Chinese and foreign countries, summarize achievements and experience, on this basis, combined with China’s national conditions, put forward a sound idea of the system construction. In administrative proceedings, the public power and private power game, only to achieve the best balance is the fulcrum of the Administrative Litigation Mediation interests of both sides to offer.The newly revised "Administrative Procedure Law" does not apply the provisions of the Administrative Litigation Mediation relevant legal provisions and principles can be applied to the Administrative Litigation Mediation exceptions and right. In fact, the law can be applied to increase the scope of administrative litigation mediation, for the people to safeguard the legitimate interests provided a strong way, a more effective dispute resolution and dispute. Thesis is focused in the practical application of administrative litigation mediation system, how to predict and solve problems, and thus to further improve the administrative mediation system. Through analysis, administrative proceedings mediation system, bringing a wide range of facilities, not only conducive to quickly resolve disputes, termination disputes, and can be equal parties in the case of voluntary consultations to form a consensus, maintenance of law and fair legal parties rights and interests. At the same time, legal mediation can save resources and flexibility, improve administrative litigation settlement rate. Maintaining social stability, enhance the people’s confidence in the executive. The establishment of administrative litigation mediation system in our country is important. Combined with new content Administrative Procedure Law, Administrative Litigation Mediation System to analyze problems that may be encountered in practice and to explore solutions to the difficulties is the paper and innovations.
Keywords/Search Tags:administrative litigation, litigation mediation, mediation system
PDF Full Text Request
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