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The Argument Of Administrative Lawsuits Reconciliation System Of Apply To And Structure In Our Country

Posted on:2014-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:C H LiFull Text:PDF
GTID:2256330422953972Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the society and the quantity of administrative cases rising,to seek diversified dispute resolution mechanism has become inevitable, the introductionof reconciliation system in administrative lawsuits has its rationality and feasibility, it’snot only can improve the efficiency of lawsuit and reduce lawsuit costs, and also cansettle disputes on the basis of consensus of both sides, achieving the unity of legal effectand social effect.In the paper, starting from the concept definition of administrative lawsuitsreconciliation and the correlation theory, analyzing the present situation and problems ofthe administrative lawsuits reconciliation system in our country, based on the comparisonstudy on the extraterritorial experience, to demonstrate the feasibility of administrativelawsuit reconciliation system in our country, exploring the structure of administrativelawsuits reconciliation system in our country.In this paper,mainly from four aspects to expound and demonstrate. The firstchapter is about the basic theory of administrative lawsuits reconciliation system.Through defining the concept of administrative lawsuits reconciliation system anddiscriminating between administrative lawsuits reconciliation and its related concepts, tounderstand the connotation of administrative lawsuits reconciliation system, to expoundthe legal analysis and practical significance of administrative lawsuits reconciliationsystem. The second chapter is the present situation and problems of administrativelawsuits reconciliation system. Mainly aimed at investigating the present situation andanalyzing the problems of administrative lawsuits reconciliation system what is applyingto in our country, and explains the basis of administrative lawsuits reconciliation systemcan be applied in our country, to demonstrate the possibility of the administrativelawsuits reconciliation system can be existed in our country. The third chapter is aboutthe comparison and reference of the related reconciliation legal system. The criminal lawand administrative law both belongs to public law field in our country, criminal law fieldalso has reconciliation system, through the analysis of the criminal reconciliation systemand plea bargaining system, as well as the analysis of reconciliation system of administrative reconsideration and reconciliation system of administrative lawenforcement, to demonstrate the feasibility of the introduction of administrative lawsuitsreconciliation system in our country. It’s made a comparison and reference on Taiwanarea and foreign administrative lawsuit reconciliation system,to strengthen thedemonstration. The fourth chapter is about the structure of administrative lawsuitreconciliation system and legislative suggestions in our country. Through the aboveanalysis and demonstration, putting forward the legislative suggestions on the structure ofadministrative lawsuit reconciliation system in our country, including the scope ofapplication, application principle, program design and the legal relief, etc.
Keywords/Search Tags:Administrative lawsuit, Reconciliation, Structure, Suggestion
PDF Full Text Request
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