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Study On The Administrative Litigation Reconciliation

Posted on:2017-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:W W BiFull Text:PDF
GTID:2336330512464499Subject:legal
Abstract/Summary:PDF Full Text Request
Administrative lawsuit reconciliation system is to point to in the process of administrative litigation, the parties that the plaintiff defendant relating to matters of litigious an agreement, the end can be recognized by the court proceedings. Because the reconciliation system in administrative litigation involves about the implementation of the executive power, this paper studies the subject has very important practical significance. Held at the same time, for our country just 18 in the fourth plenary session of the proposed promoting the rule of law build socialism harmonious society is of great importance to the era of big background. Cases stipulated in the administrative procedure law of administrative litigation of our country are not apply conciliation, the latest modification of administrative procedure law of administrative compensation cases, compensation cases, administrative organs in exercising at the discretion of the laws and regulations of the cases can be mediation, prescribed three kinds of administrative cases can apply conciliation system. But there is no specific provision in the law could apply to the settlement system. But real practice, we can see the administrative litigation cases in the court the parties can be achieved under the active rhetoric of case settlement, and the plaintiffs side ultimately dropped to solve administrative litigation cases. Since there are so many administrative lawsuit reconciliation outside, but the rule of law and actual practice. For the parties concerned may choose settled can not only save the litigation cost, also can remove a lot of unnecessary time. Reconciliation system can provide a diversified administrative litigation settlement mechanism, for the administrative litigation of our country many provide a quick can solve the problem of the parties to provide legal protection. In ancient China there is a \"reconciliation\" the concept of administrative cases are settled also accord with the traditional concept of value in our country. So administrative cases are settled is a practical and feasible. We should speed up the construction of a sound legal system to protect administrative lawsuit reconciliation system.
Keywords/Search Tags:Administrative lawsuit reconciliation system, The system of mediation, The administrative discretion, The disciplinary right of the parties
PDF Full Text Request
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