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On Perfecting The Administrative Mediation System In China

Posted on:2015-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:X XiaFull Text:PDF
GTID:2296330467970070Subject:Law
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The party’s18report makes clear, properly handle contradictions among thepeople, establish and improve the Party and the masses safeguard the interests of thegovernment-led mechanism, improve the petition system, improve the people’smediation, administrative mediation and judicial mediation work system linkage,smooth and standardize mass appeal expression, coordination of interests, protect theinterests of channels. Meanwhile, the Third Plenary Session decided to eighth overallon several major issues of deepening the reform also clearly stated: to improvepeople’s mediation, administrative mediation and judicial mediation linkage worksystem, establish a comprehensive mechanism for mediation to resolve conflicts anddisputes. Visible, administrative mediation is the new era, under the new situation ofthe party and the government protecting their interests in the new link is to resolvedisputes disputes, building a harmonious society, new means, new ways. Today, asChina’s socio-economic reforms and further into the deep water, rapid economic andsocial development, industrialization and urbanization process accelerated further,leading to increasing administrative dispute dispute, the complexity of its newfeatures, group sex, confrontational and so increasingly evident. It will also allow thesenior leadership of the reconstruction of administrative mediation system to givevery seriously, offered to build a "mediation" model in the form of furtherimprovement of social governance model, in response to the strong desire of themasses to solve the conflict of interests, and thus resolve social conflicts and promotesocial harmony. Chinese scholars to study the administrative mediation system time isvery short, can absorb relatively little research, mostly based reading researchliterature in the world in developed countries, administrative mediation system fordifferent countries and regions were studied from the perspective of comparative law,after drawing to be value judgments, lack of administrative mediation system or lackof detailed building at the legislative level in the practice of operational researchavailable. Among them, China’s relevant provisions of the Administrative ProcedureLaw on Administrative Litigation NA mediation is the current constraints andtheimpact of administrative mediation system research scholars major legalbottlenecks. Thus, on the basis of administrative mediation dialectical analysis, interms of the concept of administrative mediation, procedures, legislation, such asimproving the existing administrative mediation system to look forward to building aharmonious society benefit.
Keywords/Search Tags:administrative mediation, social governance, dispute resolution, reformand improvement
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