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The Administrative Procedure Law Of The Administrative Dispute Resolution

Posted on:2017-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:D H ZhangFull Text:PDF
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The whole society is composed of all classes representing different interests groups formed. Thus confrontation, dispute it is inevitable, it is an inevitable form of society. Thus confrontation, dispute it is inevitable, it is an inevitable form of society. Legal dispute is part of disputed areas,and it’s the part which contents adjusted by legal. Then refine content, to distinguish objects dispute and subject dispute, after these we can see the concept and features of administrative disputes. The presence of administrative disputes are inevitable. But with the presence of the pattern of interests, ideas, reform and development of variable factors will be adjusted for changes. Therefore, the number of disputes will follow an upward trend. But if this trend reaches uncontrollable. Unlimited growth and backlog caused by the lack of effective treatment, thereby affecting the socio-economic development, harmony and stability of the extent that it has become a necessity to curb the phenomenon. But this contradiction is universal, simple and crude to evade or strangle is unscientific,and same time have a negative impact. Therefore, a correct understanding of the concepts and features of administrative disputes. Furthermore, after a profound understanding of the content, progress and defect analysis the status quo practice and corresponding laws and regulations is an important content set forth herein. Coupled with the November 1,2014, the National People’s Congress vote on amending the "Administrative Procedure Law". The modified Administrative Procedure Law highlighted resolve administrative disputes legislative purpose, the corresponding specific systems also make corresponding changes to achieve the legislative purpose for this. This is further confirmed content of this paper is in line with national policy and legal development directions. Faced with the gradual popular of administrative disputes, article ideas clearly, to achieve "settlement purposes", it is necessary to the essence of the phenomenon from the surface to have a more detailed analysis and research. From the legal point of view to make the analysis and interpretation of administrative disputes, by its express concepts and features, the root cause analysis, it’s clearly that administrative disputes exists and is not effectively resolve will have a great threat to social harmony and progress in the rule of law. And then concluded that substantively resolve administrative disputes is imminent. The problem is widespread, but also must have its particularity. Different social systems in different countries of the truth created a different administrative status of the dispute. This paper reviews the current situation of China’s current administrative disputes, and the current situation caused by this historical background, and the systematic summary of our existing more general way to resolve administrative disputes. Aims to understand the current situation, pinpoint problems and ways to solve the problem of the current method. The key difference from other studies point in this article combines this "administrative procedure law" modifications and administrative disputes, and then reviewed analysis. Start with the legislative purpose confirms the direction to resolve administrative disputes, and then reflect on the general direction of the specific system. The ultimate goal of each specific system changes is to achieve substantively resolve administrative disputes, to achieve harmony, the rule of law development officials and the public. Finally, recommendations are made on the settlement of individual administrative disputes. Both of the revision of the "Administrative Procedure Law" in the implementation of specific measures to practice operating the focus, but also include other effective measures in this revision does not significantly involved.Text around as a way of "administrative proceedings" and the object of the "resolution of administrative disputes" to start. Experienced by the conceptual analysis, then the significance commentary, then analyzes the measures of the last proposals for a settlement. This article contains both the current situation include, but also modify the Comment. From the past, present, and future all angles to be analyzed as a solution to administrative disputes the Administrative Procedure Law.
Keywords/Search Tags:Administrative Dispute, Administrative Litigation, Substance Solve Administrative Settlement, Administrative Mediation
PDF Full Text Request
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