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The Study On The Court Coordinated Settlement Of Administrative Disputes

Posted on:2019-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:B W XuFull Text:PDF
GTID:2346330542497933Subject:Law
Abstract/Summary:PDF Full Text Request
With the formation and development of human society,the management system is gradually improved,the management method is more perfect,and the management mode is more mature.However,no matter how intelligent and agile we move forward,it is still difficult to avoid new contradictions and new problems.The common existence of conflicts and disputes in modern civilized society is the proof of the principle of contradiction universality put forward by Marxist philosophy of science.Social conflict theory generally believes that the existence of social conflicts and interest disputes is essentially the contention of different beliefs,values and pursuits of goals in the region of the interests,superior status and resource allocation,which is an important balance mechanism in the whole society.Administrative disputes are differences and frictions between administrative organs and administrative counterparts.This dispute is different from the common contradiction between the other civil subjects.The source of the dispute lies in the control and adjustment of the society,the parties to the dispute are the most important subjects in social management,the administrative organ.So how to deal with the administrative disputes well and resolve the disputes properly not only related to the guarantee of citizens legal rights,also related to the effective supervision and restriction of administrative power.As a national judicial organ,the people's court is also entrusted with the same importance in settling administrative disputes.In the past period,the people's court used to use traditional and skillful judicial adjudication methods to cope with regular content and single structure of administrative disputes.However,with the development of times,China has entered the period of social transformation and sharp contradictions.The number of "people suing the officials" cases has increased significantly in recent years,and the “wide varieties,new forms,difficult to implement” has appeared.In such a critical historical period,it is necessary for the people's court to transform the concept of litigation,change working methods and deal with new problems with new thinking.The people's court uses the coordinated way to solve the administrative dispute,and it is effective to broaden the citizen rightsrelief way and standardize the behavior of administrative organs.This paper takes the limited mediation system of administrative litigation as the breakthrough point,objectively describes and analyzes the current general situation of whole administrative litigation in our country,clarifies the important theoretical value demonstration and practical operation advantages in settling administrative disputes by means of coordination.Referring to representative historical experience abroad,the important and difficult points in the coordination mode are pointed out,emphasizes the scope and principle of the application of the coordination mode,and puts forward corresponding suggestions,and through the perfection of the limited mediation system of administrative litigation,running order of maintaining social stability,and promote the development of society as a whole towards the direction of the better circulation.
Keywords/Search Tags:administrative disputes, coordinated method, substantive solution
PDF Full Text Request
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