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Reasearch On The Administrative Econciliation Svstem

Posted on:2013-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:C DuanFull Text:PDF
GTID:2246330395970781Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Our country is now in the social transformation and contradictory highlightperiod,administrative disputes are increasing. Administrative dispute both sidesdemand diversity of their own interests, asked people to being found and create moreand more effective administrative dispute solution. Since20centuries, thenon-litigation procedures and diversified dispute resolution mechanism study of rapiddevelopment, become the public law and judicial practice of academic researchimportant fields. Administrative reconciliation as a solution of the part of ways ofadministrative disputes, with low cost and high efficiency of the characteristics, it iswidely applied to the practice of administrative dispute. However, in our country, theadministration has not been brought into reconciliation our administrative disputeresolution mechanism, legislation also to adopt a negative negative attitude. Lack ofsystem and ties make our administrative reconciliation in a very awkward position. Intheory, our country for administrative reconciliation system research also is still in theinitial stage, for administrative reconciliation system should be established in ourcountry is on the issue of mixed. Making the lack of corresponding theoreticalfoundation settlement, unable to provide the guidance of the existing judicial practice.But along with the current law process in China Daily advancement, socialpublic legal consciousness and continuously enhance the lawsuit idea, so that peoplein the process of solving disputes is easy to fall into a kind of error, namely "litigationis the only effective remedy way", it will lead to a large number of cases occur andjudicial waste of resources. This in the resolution of Chinese administrative disputes,embodies the particularly outstanding. The superiority of the reconciliation system tothe administration and administrative dispute solution too onefold, this paper choose anew administrative administrative settlement way to settle disputes as the researchobject, the newest theoretical results both at home and abroad, to try to ouradministrative reconciliation related theory on a comb and perfect the system, andprovide the condition of our country, the establishment of the system of administrativereconciliation roughly thought.
Keywords/Search Tags:Administrative reconciliation, Administrative disputes, Voluntary
PDF Full Text Request
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