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A Study On The Syetem Of Administartive Conciliation In China

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShengFull Text:PDF
GTID:2416330623984784Subject:Law
Abstract/Summary:PDF Full Text Request
At present,with the development of social economy in our country,more and more individuals and organizations are involved in the economic wave.The increase of economic behavior also makes the intersection of citizens and government increase.Contradictions,disputes and disputes are inevitable.If we can solve administrative disputes efficiently on the premise of maintaining justice,it will not only save judicial resources,but also embody democracy and agreement.Administrative reconciliation can improve the efficiency of administrative dispute resolution,weaken the contradiction between administrative organ and administrative counterpart,and improve the satisfaction of administrative counterpart.Therefore,it is necessary to explore the administrative reconciliation system.On the basis of the useful experience of foreign administrative reconciliation system,combined with China's national conditions to improve the existing administrative reconciliation system,we can explore the establishment of an administrative reconciliation system suitable for China's legal system.China's administrative reconciliation system is in its infancy.The administrative reconciliation practice of China Securities Regulatory Commission,Goldman Sachs(Asia)and Gaohua securities is the first application of the administrative reconciliation pilot implementation measures in China.Although there are some unsatisfactory aspects,it hastaken an important step in the exploration of China's administrative reconciliation system.Combining with the case of Goldman Sachs,the analysis of the current situation of the administrative reconciliation system in China can not only interpret the administrative reconciliation system from the theoretical level,but also analyze the advantages and disadvantages in the operation process of the administrative reconciliation from the practical level.In this paper,from the surface to the depth,from the macro to the micro writing methods,the theoretical research and practical analysis of administrative reconciliation are combined to provide a reference for promoting the establishment and improvement of administrative reconciliation system in China.This paper is divided into four parts,the first part introduces the Goldman Sachs case,and through the Goldman Sachs case to sort out the basic concept of the administrative reconciliation system,analyze the characteristics of the administrative reconciliation system.The second part takes "Goldman Sachs" as an example to analyze the "administrative reconciliation pilot implementation measures",combining theory and practical experience.The third part introduces the administrative reconciliation system of the United States and Japan,through the comparison of differences and similarities,so as to further analyze the reference significance of foreign legislation to the administrative reconciliation system in Goldman Sachs case.In the fourth part,on the basis of the above theoretical and practical analysis,some suggestions are put forward to improve the administrative reconciliation system in China.
Keywords/Search Tags:administrative settlement, Goldman Sachs case, administrative settlement pilot implementation method
PDF Full Text Request
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