Font Size: a A A

Research On The Integration Of Administrative Dispute Resolution Mechanism In China

Posted on:2021-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:H L HuangFull Text:PDF
GTID:2416330605452302Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
Under the background of vigorously promoting judicial reform and improving the prevention and resolution mechanism of social conflicts and disputes,the proper settlement of administrative disputes has become an important factor to ensure social stability.Executive power,as the power with the greatest influence on citizens and society,should be strictly restricted.However,the conflicts and disputes caused by the executive power often cause greater infringement on the rights and interests of citizens.Therefore,the corresponding perfect administrative dispute resolution mechanism should be established to protect the administrative counterparts and standardize the Administrative behavior.The purpose of this paper is to integrate and sort out the existing administrative dispute resolution mechanism,so as to explore the construction of a coherent,orderly,efficient and comprehensive administrative dispute resolution mechanism,which can effectively resolve the complex administrative disputes in China.In addition to the introduction and conclusion,the main content of the article consists of four chapters.The first part briefly analyzes the two concepts of administrative dispute and administrative dispute resolution mechanism,discusses the nature and causes of administrative dispute,and provides a theoretical basis for the construction of administrative dispute resolution mechanism.In the second part,the existing administrative dispute resolution methods in China are sorted out,and the existing administrative dispute resolution methods are divided into the dispute resolution methods within the system and the dispute resolution methods outside the system on the basis of whether there are legal provisions.Through comparative study,the characteristics and defects of the two major ways of solving disputes within and outside the system are obtained respectively,which is convenient for the integration of solving disputes resources according to their respective advantages.The third part introduces the operation status of the administrative dispute resolution mechanism outside theregion.At the same time,the paper expounds three basic principles and four basic elements for an efficient and orderly administrative dispute resolution mechanism.The fourth part is to put forward a concrete conception of the integration of the existing administrative dispute resolution mechanism in China,and improve the administrative dispute resolution methods to ensure the sound operation of the whole dispute resolution mechanism.Integration of administrative dispute resolution mechanisms need to be done with scientific,dynamic and developing as a whole,stick to the real need of dispute resolution,the administrative relative person's subjective demands as foothold,starting from the different nature of administrative dispute,prompted the administrative relative person's legitimate rights and interests protected reasonable exercise of executive power and judicial organs and administrative organs in accordance with the law in accordance with the applicable laws.
Keywords/Search Tags:Administrative dispute, Dispute resolution, Dispute resolution mechanism, Mechanism of integration
PDF Full Text Request
Related items