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The Improvement Of The Administrative Mediation System Of Our Country

Posted on:2017-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:M M SunFull Text:PDF
GTID:2296330482498300Subject:legal
Abstract/Summary:PDF Full Text Request
As a kind of administrative mediation has a long history of conflict management, there is no doubt that it is a shinning pearl in the Chinese history.Today, administrative mediation as a kind of dispute settlement mechanism, with its characteristics of high efficiency and flexibility is more and more attention.In contemporary Chinese society, the administrative mediation is a key link in the "big mediation" system, coordination, in conjunction with the people mediation and court mediation to resolve contradictions;It is a means of administrative remedy, administrative mediation with judicial procedure to solve disputes, "case" outstanding "phenomenon emerge in endlessly, apparently administrative mediation is indispensable for dispute resolution.But there is no system is perfect, the administrative mediation system is not exceptional also, need to be perfected constantly.Therefore, based on the perspective of the perfection of administrative mediation system of our country, hope to help to the administrative mediation system of our country.In addition to this introduction, conclusion, four chapters are divided. This paper mainly discusses and analyzes the basic theory of administrative mediation system, including the connotation of administrative mediation,foundation,features, importance, etc. Through this, we can make the reader to understand the basic theories of administrative mediation system in our country. At the same time introduces the foreign relevant experience of administrative mediation system, mainly selected the representative countries, including France, the United States and Japan. Through the introduction of the excellent experience of these countries administrative mediation system and point out the problems facing our country:slightly narrow scope administrative mediation, lack of authority of administrative mediation agreement, administrative mediation procedure are absent, the legislation of administrative mediation system is not unified, subject setting unreasonable administrative mediation, then the system that it is necessary to reform the conclusions. In conclusion, this paper expounds the basic theory of administrative mediation system and foreign excellent experience of administrative mediation system, on the basis of the pointed out that the administrative mediation system defects, from the legislation, subject, procedure, scope and effectiveness of proposed consummates our country from the aspects such as the feasibility of administrative mediation system, in order to better achieve the function of administrative mediation in practice.This article may be of theoretical innovation lies in the administrative mediation system of contemporary China, the introduction and analysis of the system is deeply discussed the defects of administrative mediation system of our country, and puts forward the countermeasures.Of course this is only a personal opinion, this article also exists some shortcomings:for example, failure to the field of administrative mediation shortcomings, lack of practice. As no matter any problems must be closely depends on the national conditions of our country, I believe that, although there are many problems, but by constantly improve, the current situation of administrative mediation system will change, and to make contribution to the economic development and social harmony.
Keywords/Search Tags:Administrative Mediation System, Big Mediation, Limited Mediation, Administrative Mediation Proceedings
PDF Full Text Request
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