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Administrative Action Settlement System Study

Posted on:2006-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:H ShenFull Text:PDF
GTID:2206360155474728Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
ConciCiatory of administrative lawsuits means that the plaintiff' and the defendant get an agreement on the object in the spirit of mutual understanding and mutuaC accommodation presided by court during the course of administrative lawsuits. Mediation and conciliatory are forbidden in administrative procedure .In that case, the litigants settle disputes always by withdrawing charges which lead to judical surveillance in vain and rights of plaintiffs can not 6e protected,social interests be harmed .So establishing system of conciliatory is quite urgent. It will not only take administrative authority seriously but also make it under reasonable supervision . With that the constitutional ideal of all for the people is obtained.A good relationship should be gotten between administrative departments and common people by making both agency actions humanity and litigants satisfactory. However, to establish the system has obstacles not only procedural technically but the base of entity . The paper first analyse the obstacles of conciliatory theory , then explain possibility of conciliatory of administractive lawsuits in procedure and entity. After that the author analyse condition,range and effect of using conciliatory. Finally the author gives suggestions on how to establish conciliatory system of administrative procedure.
Keywords/Search Tags:administrative procedure, administrative power, judicial power, conciliatory system
PDF Full Text Request
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