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Studies On Administrative Litigation Mediation

Posted on:2019-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y X MingFull Text:PDF
GTID:2416330596456168Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the continuous reform of China's judicial system,the diversified dispute resolution mechanism has been put on the agenda again.On the one hand,it has alleviated a large number of cases faced by the court,and on the other hand,it has sought a new way for the parties to resolve contradictions and disputes.The administrative mediation system is a way to both protect the rights of litigants and effectively alleviate the current contradictions.Therefore,the new "Administrative Procedure Law" has increased the relevant content of the administrative litigation mediation system.Although the administrative litigation mediation system is not the main way to solve the dispute litigation between the administrative counterpart and the administrative organ,its alternative value can not be ignored.However,there are still many shortcomings in the administrative litigation mediation,which still need to be continuously improved from the legislation.Such as: there are differences in the provisions of the administrative litigation mediation system,which is not conducive to the uniformity of the law,the scope of mediation is narrow,although it has been stipulated,but the scope of application is limited,which restricts the original intention of the system,the mediation process is not standardized,and the system is unified.There are many contradictions,which have a negative impact on the fairness of the case,which is not conducive to the mediation system to play its due role.The administrative litigation mediation system has important practical significance for solving administrative disputes and safeguarding the legitimate rights and interests of the masses.It is necessary to continuously promote the perfection ofthe system in judicial practice.This paper analyzes the practical problems existing in the practice of China's administrative litigation mediation system,and absorbs the legislative experience of foreign administrative litigation mediation system,in order to fill and improve China's administrative litigation mediation system,so that it can play its due value.
Keywords/Search Tags:Administrative Litigation, litigation Mediation, existing problems, Perfect countermeasures
PDF Full Text Request
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