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Research On The Mediation System Of Administrative Litigation In China

Posted on:2021-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:P XieFull Text:PDF
GTID:2416330629988343Subject:Law
Abstract/Summary:PDF Full Text Request
The development of society is accompanied by the growth of contradictions,which promotes the development of dispute resolution mechanisms towards diversification.The existence meaning and ultimate direction of administrative litigation itself is to resolve administrative disputes.The administrative litigation mediation system plays an indispensable role in the multiple administrative dispute resolution system,and it is playing an increasingly important role,which has enriched the administrative counterparts in taking disputes.Path selection of relevant administrative relief measures.Strengthening theoretical research,combining with its own reality,and promoting the soundness of the administrative litigation mediation system in order to provide good system guidance for the application of administrative litigation mediation in judicial practice,play its greatest role,protect the litigation rights of the parties,coordinate conflicts of interest between the parties,and increase dispute resolution The success rate can effectively avoid the waste of judicial resources and improve the efficiency of handling cases.The newly revised "Administrative Procedure Law" in our country establishes an administrative litigation mediation system with clear legal provisions,but only briefly and roughly stipulates the application scope and application principles of the system,lack of clear and specific system content and implementation procedures,there is still much room for improvement.Only at the level of legal norms,the theoretical basis,scope of application and relevant judicial procedures of administrative litigation mediation can be improved,supplemented and clearly stipulated in order to realize the specific operability of the system in the application of judicial practice.The provisions of the new administrative litigation law on the mediation system are in principle and generalized colors.The current administrative litigation mediation mechanism still cannot meet the judicial practice needs of our country to achieve the expected legal and social effects.Under the current administrative litigation system,it is necessary and practical to further improve the administrative litigation mediation system.This article selects research methods such as concept analysis method and comparative research method to explore the improvement of administrative litigationmediation system.The thesis is mainly divided into four parts.The first part expounds the relevant theoretical knowledge of the administrative litigation mediation system,defines the concept of the administrative litigation mediation system,and through the horizontal comparative analysis of the administrative litigation mediation system and the civil litigation mediation system,the administrative litigation reconciliation system,and then draws The characteristics and contents of the administrative mediation system clearly clarify the value contained in the administrative mediation system.The second part is based on the current administrative litigation law,analyzes the existing legislation and practice of the administrative litigation law on the mediation system,and analyzes the progressive significance and existing defects of the administrative litigation mediation system that has been in operation for a period of time.The third part is to analyze and study the administrative litigation mediation(reconciliation)system at home and abroad using comparative research methods,fully refer to and learn from the legislative process and experience of the administrative litigation mediation system in countries outside the region,so as to bring some enlightenment to my country's judicial practice.The fourth part,under the guidance of the basic principles of my country's established administrative mediation system,puts forward relevant suggestions for improving our country's administrative litigation mediation system.
Keywords/Search Tags:Administrative litigation mediation, Mediation system, Perfect countermeasures
PDF Full Text Request
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