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The Application Of Negotiated Judicial Ideas In Coordinating Outside The Case In Administrative Trial

Posted on:2013-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:S H YuFull Text:PDF
GTID:2246330374491925Subject:Constitution and Administrative Law
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At this stage, the situation is that there are profound changes in the economic system, social structure, economic relationship and ideas, social contradictions are getting more serious. Through the theoretical interpretation of the negotiated ideas of justice, this paper is to discuss the possibility of the use of the negotiated ideas of justice, the value of the need for consultation, the purpose of the negotiated ideas of justice is to further clarify the contents of the negotiated ideas of justice:judges must learn to guide the parties to dialogue, to guide the parties to communicate, through dialogue between the parties to reach a consensus through dialogue and deconstruction of objection, the formation of new ideas desirable, at the same time, also a positive interaction between the party committees, people’s congresses, governments, CPPCC committees, other law enforcement authorities, the community and the superior court and lower courts fully with coordination of the linkage relationship to form a broader inter-subject support.Through the application of negotiated judicial ideas in administrative trial for analysis and introducing method of coordination of outside the case and administrative cases, mediation, administrative adjudication for analysis, the paper discussed necessity and possibility of administrative cases for mediation.J Provincial Court of administrative adjudication, for example, the justice issues in the field of administrative adjudication, the application of negotiated judicial ideas to deal with administrative disputes instance, the consultations type solution for the justice issues in the field of administrative adjudication, regulation, and effect exemplification for analysis. Conclusion can be made as:the administrative adjudication is carrying a historical mission, which is to determine the ownership and stop disputes, safeguard the stable and rapid economic and social development, maintain social harmony and stability. Reasonable and effective using of the negotiated ideas of justice, to work creatively, to promote the result of the administrative cases being solved by the coordination of outside the case is the inevitable choice of effectively carrying out the administrative trial and the organic unity of the three that the legal, social and political effects, also is the suitable methods and successful experience to make various administrative contradictions and disputes being effectively resolved and having a reasonable solution.
Keywords/Search Tags:Negotiated justice, Administrative adjudication, Coordination of outside the case, Application of ideas
PDF Full Text Request
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