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Research On The Relief System Of Administrative Agreement In China

Posted on:2020-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y J SuFull Text:PDF
GTID:2416330596987563Subject:Law·Law
Abstract/Summary:PDF Full Text Request
In recent years,in many fields such as public-private cooperation,public service and land and housing expropriation compensation,administrative agreement has become an important means for the government to carry out administrative management,as well as an important way for citizens,legal persons and other organizations to participate in social management.But the massive use of administrative agreement makes the following administrative agreement disputes become an unavoidable problem in today's society.This paper mainly aims at the problems existing in the relief of administrative agreement in our country and discusses the perfection of the relief system of administrative agreement in our country from the perspective of judicial relief and nonlitigation relief.The first chapter,from the point of view of defining the concept of administrative agreement in the academic circle,defines the administrative agreement discussed in this paper.The second chapter,based on the relevant cases in practice,discusses the existing problems in China's current administrative agreement relief,including the deficiencies in legislation and the problems existing in the relief of both parties of the administrative agreement.The third chapter discusses the civil law system of administrative contract and the Anglo-American law system of government contract in order to draw useful experience from the above countries and regions of the relevant relief system for reference;The fourth chapter mainly discusses the perfection of administrative agreement relief system in China.This paper mainly standardizes the standard of administrative agreement from the perspective of legislation,defines the applicable relief mode according to the actual situation,constructs the quasi-application rules of special administrative litigation related to administrative agreement,and then further discusses the possibility of other non-litigation relief methods,including administrative reconsideration,mediation and arbitration.
Keywords/Search Tags:administrative agreement, administrative subject, judicial way, non-lawsuit way
PDF Full Text Request
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