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Research On Administrative Mediation Under The Mechanism Of Multiple Dispute Resolution

Posted on:2018-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:M Y DingFull Text:PDF
GTID:2336330515483951Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The number of social contradictions and disputes is positively related to the level of economic development,the more rapidly economy progress the more social contradictions emerge in the past few decades,China's economic growth remains a high speed at the same time,social contradictions and disputes are increasing year by year.Which is supported,the increasing number of received and closed cases,the increasing number of trials conducted by per judge,China is facing the crisis of litigation explosion.In the fifties and sixties of the twentieth century,The United States was also confronted with this situation.In order to resolve the crisis,the American community proposed alternative dispute resolution concept.Now,the domestic scholars also advocate adopting the United States appr.oach,and put forworda diversified dispute resolution mechanism program.As an important part of its mechanism,administrative mediation has played a leading role in the mechanism of multi-level dispute resolution under the pressure of judicial mediation litigation and the lack of professionalism of people's mediation.The choice of administrative mediation under the mechanism of multiple dispute resolution as the subject of study has considerable theoretical and practical value.First,the relevant theories of administrative mediation system can be enriched,especially the theory of administrative mediation under the background of multiple dispute resolution mechanism.Second,summary of the practical experience of administrative mediation in different regions,and provision with practical data for the national legislation of the next administrative mediation.In order to study the administrative mediation system under the multiple dispute resolution mechanism,this paper is divided into four parts:The first part is " observation of the status quo:multiple dispute resolution mechanism and administrative rmediation." On the one hand,it introduces the concept,characteristics and development status of administrative mediation;On the other hand,it introduces the components of the dispute resolution mechanism:mediation,administrative dispute resolution mechanism and litigation.In short,both allow people to understand the two,but also lay the foundation for the next study.The second part is "relationship carding:administrative mediation and multiple dispute resolution mechanism".This part is divided into three sections to study,one is to explore the relationship between administrative mediation and mediation mechanism,the main study of relationship between administrative mediation and traditional,emerging mediation;the second is to explore the relationship that between administrative mediation and administrative arbitration,reconsideration,other administrative.The third is to discuss the relationship between administrative mediation and judicial litigation.Through the study of classification,clarify the relationship between administrative mediation and multiple dispute resolution mechanism.The third part is "the dominance of administrative mediation" the advantage of this part including modulation system,the comparative advantage of administrative mediation and administrative mediation important significance for promoting the transformation of the government.Focuses on the comparative advantage of administrative mediation,it has the advantages of the specialized,comprehensive and authoritative;At the same time,the administrative mediation buffer and policy of the government function transformation,and also plays a conducting role.The fourth part is "integration-research on administrative mediation ".Firstly,this part is to propose the four general principles of system integration are voluntary equality,legitimacy,fairness and efficiency and convenience.Second,the basic method of system integration is mainly to learn from the advanced administrative mediation system of foreign countries and summarize the experience of practice.Third,the system integration of assessment and relief to promote the system to run the assessment to help improve the system of relief.The fourth is the convergence mechanism of the system integration,the emphasis is on how to strengthen the administrative Mediation and mediation mechanisms,administrative dispute resolution mechanisms,and litigation.Through the above measures,to improve the multiple dispute resolution mechanism under the administrative mediation to help.
Keywords/Search Tags:Multiple Dispute Resolution Mechanism, Administrative Mediation, Convergence mechanism, Mediation
PDF Full Text Request
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