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Administrative Litigation Mediation System In China Construction

Posted on:2012-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WeiFull Text:PDF
GTID:2216330338473822Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As the primary means of dispute resolution and judicial activities of a large traditional mediation system, in civil and criminal private prosecution cases has advanced skills, and form a complete system on the litigation were settled quickly and improve the efficiency of handling cases played a significant role. However, the mediation system in our country's legislative and administrative litigation practice areas, but there is a serious lag and lack of, has been conservative and emphasized that "public authority can not be punished" and prohibit the use of mediation to resolve administrative disputes.From the perspective of judicial practice, there need to confirm the mediation system in legal legitimacy. The suitability of mediation in the administrative litigation system in theoretical circles have caused extensive and in-depth theoretical study and academic research. By analyzing the solutions of the previous system of administrative proceedings several representative point of view, learn from experience and combining the extraterritorial legislation of the rule of law, social background, that the theoretical basis for appropriate administrative action and build the appropriate mediation system, with a wide range of theoretical significance and practical significance. How Mediation smooth transition and administrative litigation system, so that mediation as a useful complement to administrative trial, the key of this paper written, four-part article on this topic by a detailed exposition.The first part is the mediation of administrative proceedings Summary.First, the interpretation of the meaning of the Administrative Mediation and basic properties. Mediation or administrative proceedings that "the Chief Justice of the judicial mediation" refers to the administrative proceedings, the parties to administrative disputes, judges of the Court under the auspices and coordination to procedural rights and obligations as the basis to negotiate a voluntary agreement the end of the administrative dispute settlement proceedings administrative proceedings activities. From the perspective of the subject agreement, contract administrative proceedings of a public law nature of mediation, and administrative litigation mediation behavior from the perspective of the applicable law, both procedural and substantive law of double attributes. Second, the administrative proceedings similar to the concept of mediation and to compare similarities and differences. As the trial of administrative cases and the special nature of administrative proceedings and other reasons, the decision of the Chief Administrative Litigation Mediation is different from mediation and litigation settlement system. Administrative proceedings on the similarities and differences between mediation and similar concepts for the comparison, for the following statements to better understand and lay a theoretical foundation. The second part is the Administrative Procedural Law and Practice of Mediation System in the value of legitimacy.Mediation in Administrative Litigation legitimacy and practical value, the article mainly through three different perspectives of analysis described for support. Administrative proceedings that the theoretical basis of the introduction of mediation, the mediation system in Administrative Procedural Feasibility Analysis and Construction of Administrative Litigation Mediation practical value. Three sections complement each other and fully demonstrates our point of view has been necessary to confirm the mediation system in legal legitimacy.The third part is France, Germany and Taiwan region of AdministrationLitigation Mediation empirical study and get useful insights. By France, Germany and Taiwan region Mediation and settlement system in the empirical study, combined with China's national conditions, of which the beneficial ingredients for our country to be a reasonable reference. That at the macro level, the Administrative Dispute Resolution Establishing a need for a "diversified integration" for Dispute; the micro level, the administrative proceedings in the mediation system established by the mediation should be limited and should be given an appropriate degree of control over the other judges.The fourth part is the administrative proceedings for the establishment of mediation system of the path envisaged in detail the design ideas on this topic. Explore the characteristics of administrative proceedings consistent with the conciliation procedure and mode of operation, and must address the special nature of administrative proceedings, to achieve the parties on the basis of equality and dialogue to resolve administrative disputes, the author advocates the range from mediation, procedures and operations, level and phase of the trial period, frequency and mode of mediation and the choice of location and other aspects of relief means perfect mediation process.
Keywords/Search Tags:administrative dispute, administrative proceedings, Mediation
PDF Full Text Request
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