Font Size: a A A

Research On Dispute Settlement Mechanism Of Administrative Contract

Posted on:2019-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2346330542958939Subject:Law
Abstract/Summary:PDF Full Text Request
At present,our country is committed to building a socialist harmonious society.The concept of government administration has also changed from the previous power-based approach to the concept of service management.Now that the executive authorities are no longer blindly carrying out administrative orders,they are turning to communicate each other.There are more opportunities which are provided to the general public to express their attitudes and ideas.Administrative contracts are also produced in accordance with the development trend of the social economy.The emergence of administrative contracts has made the government's administrative methods less confrontational and mandatory,and that has resulted in more consultations and communications,and that can also improve the efficiency and effectiveness of government administration,so as to achieve more.Good management results will enable the government's service function to exert greater value and benefit the public more.The development of China's economy has made administrative contracts spring up in different fields in China.The administrative contract is a new type of government's administrative function,but it is also a kind of special contracts.Faced with an administrative conflict,it should pay attention to the public welfare and private interest of the administrative contract.We must not neglect one of them,so we can achieve the true function of an administrative contract.Looking at the entire development of mankind history,the development of society must be accompanied by contradictions and disputes,the emergence of a large number of administrative contracts,and the emergence of administrative contract disputes with inevitability and objectivity.In addition,a series of administrative contracts of our country are not yet complete.Because there is no perfect administrative contract dispute resolution mechanism,disputes have not been resolved well.Once disputes occurred during the signing and implementation of administrative contracts,many social conflicts have been deepened invisibly,The development of society will also be severely hindered.This will also hinder the construction of a harmonious society Because we live in such a big background,the improvement of administrative dispute resolution mechanism is in imperative.This article also analyzes the status quo and existing problems of China's administrative contract dispute resolution mechanism,and draws on the experience of Western developed countries to draw up suggestions for improving China's administrative dispute resolution mechanism.At present,several dispute resolution mechanisms in China include negotiation,mediation,arbitration,reconsideration,and litigation.Although these systems exist,they are not systematic,they are confusing in practice,and China's dispute resolution system lacks a monitoring mechanism.After disputes occurred,they could not be solved efficiently.Western developed countries paid attention to the construction of supervision mechanisms in dispute resolution,and regulated them from all possible links in disputes,and its system reflected a lot of democratic colors.This paper analyzes the status quo and existing problems of China's administrative contract dispute resolution mechanism,and draws on the experience of Western developed countries to propose countermeasures and suggestions for improving China's administrative dispute resolution mechanism.
Keywords/Search Tags:Administrative contracts, Dispute resolution mechanism, Reconsideration, Administrative Litigation
PDF Full Text Request
Related items