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Research Of Administrative Mediation In Compensation Disputes Of Student Hurt

Posted on:2015-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2266330428466468Subject:Educational Law
Abstract/Summary:PDF Full Text Request
In recent years, compensation disputes of student personal injury are more andmore. Drawbacks are presents under the traditional model of litigation to resolve suchdisputes due to the characteristics of the student’s age and personality characteristics.As part of the mediation system,the administrative mediation plays an active andeffective role in addressing compensation disputes of students in personal injury. Andit has great practical significance in social stability and harmonious development.Administrative mediation is an administrative activity to effectively resolvedisputes under the auspices of the administrative body, according to legal, voluntaryprinciples, by way of persuasion and education mediation, good offices to urge theparties to reach an agreement between the two sides through friendly consultations. Inthis paper, we have overview the main administrative mediation, administrativemediation objects and administrative mediation program. Meanwhile, the scope ofcompensation for personal injury accident of students was defined. Clearresponsibility principle is the key to resolving such disputes. We should follow theprinciple of fault liability, the principle of equitable burden sharing and burden ofproof principle.In recent years, administrative mediation plays an important role in personalinjury compensation disputes student, and administrative mediation has achievedsome positive results in resolving such disputes. Such as litigation pressures eased andorganization size has gradually formed. However, according to the survey, at present,China administrative mediation in resolving such disputes still exist disputes grudgesdeeper, There are three aspects of the negative effects: many conflicts can not beresolved long delay, the phenomenon of parties in illegal means to settle disputes isincrease, excesses have occurred. There are many causes of disorders, The main level are administrative mediation attention needs to be improved, The legal effect ofexecutive mediate such disputes lack of independence and normative, Procedures foradministrative mediation are too simple and authority need to be further improved.We must give attention to these causes, and find appropriate solutions. We shouldimprove following three aspects to make better use of administrative mediation ofstudents’ personal injury compensation disputes: emphasis on improvingadministrative mediation, and administrative mediation principles need to beexplicitly set. Enhance the independence and normative of administrative mediation,understanding the relationship between administrative mediation and litigation.improving the specific system of administrative mediation. So the administrativemediation is better to play an effective and positive role in resolving disputes ofcompensation in students’ personal injury.
Keywords/Search Tags:student, Personal injury compensation, dispute, administrative mediation
PDF Full Text Request
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