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Expand On Application Of Administrative Review Reconciliation

Posted on:2015-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:M F XuFull Text:PDF
GTID:2296330431989157Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The system of administrative review reconciliation was established by Article40of Administrative Reconsideration Regulations in2007, introducing the system of reconciliation, one of the most traditional dispute resolutions, into the specification of administrative remedy. So far, the related legal norms of administrative review reconciliation only defined the application of administrative review reconciliation to be administrative discretion. Therefore, the practices of administrative review reconciliation was restricted by the reconciliation in the administrative discretion, affecting the advantage of the administrative review reconciliation negatively. However, at the same time, reconciliation practices of some related cases on administrative review, responded positively to the possibility of the reconciliation application beyond administrative discretion, in other words, unclear facts and unclear legal relationship could be reconciled during the process of administrative review. Through interpreting the related legal norms of administrative review reconciliation, we could find that the application of administrative review reconciliation is not restricted to the administrative discretion, bringing the unclear facts and unclear legal relationship in the application of review reconciliation is in accordance with the range of supplement to the loopholes in administrative review reconciliation law. Furthermore, the discussion of the scholars from home and abroad on the reconciliation contracts under unclear facts and unclear legal relationship, also provide the theory support for the expansion of administrative review reconciliation. In conclusion, there are no system obstacles during the expansion of administrative review reconciliation. Certainly, we should make sense that during the expansion of administrative review reconciliation, based on unclear facts and unclear legal relationship, administrative review reconciliation might harm the principle of administration in accordance with the law and the public interests, so how to prevent such risks should be the key to the system design of administrative review reconciliation, including particularly the review reconciliation should be based on the public participation and honest and trustworthy principle, sign the reconciliation contracts, take open as the principle, not open as the exception.
Keywords/Search Tags:Review Reconciliation, Application of Reconciliation, AdministrativeDiscretion, Unclear Facts, Unclear Legal Relationships, Reconciliation Contracts
PDF Full Text Request
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