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Research on Administrative Mediation System

Author: GuoDeZe
Tutor: ChenHongGuang；ZhangZhiQiang
School: Anhui University
Course: Legal
Keywords: Administrative mediation Dispute Resolution Administrative system
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 104
Quote: 0
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Abstract


The tradition of China since ancient times, mediation, conciliation, occupy an important position in our traditional law culture, is an important way to solve social conflicts. Traditional mediation system, especially its institutions and mediation philosophy, administrative mediation system is still guiding value. Of the mediation system, including judicial mediation, the people's mediation and administrative mediation. The Administrative Mediation is chaired by the executive body, the system is in accordance with national laws, policies, and to the principle of voluntary agreement to eliminate disputes through friendly consultations between the parties concerned. Characteristics of the applicable principles of administrative mediation with the people's mediation, judicial mediation. Administrative mediation system also has a profound jurisprudence basic and traditional cultural foundation. Through the analysis of the current situation of China's administrative mediation system and practice, I found that the problem of administrative mediation system. These problems include both the institutional level, the basic level, the operational level. How to understand the nature of the administrative mediation, there is a different understanding of the academic community. Given the importance of administrative mediation system to build social harmony, increase citizens' awareness of their rights. Therefore, improve our current administrative mediation system is particularly urgent imperative. Foreign and China's Hong Kong, there is a good use of the experience and practice of administrative mediation system, worth learning. How to learn from the successful experience of foreign countries to better Perfection of the Administrative Mediation System. Through analysis of France, Japan, the United States and China's Hong Kong Administrative Mediation System, I found their administrative mediation system has the following characteristics: a full guarantee of the political system, mediation mediation of the neutrality and independence of the special administrative bodies and administrative mediation laws and regulations relatively well. Mediation System of Administrative and should no longer be a single perfect, it should be to build a system of comprehensive administrative mediation system. Based on this, the Mediation System of Administrative can be from the following aspects: administrative infrastructure of the mediation system, the expansion of the scope of administrative mediation, administrative mediation program design and construct the system of administrative mediation, administrative mediation legislation improve five areas to carry out. Build administrative mediation system, in order to better reflect its value in building a socialist harmonious society, to play in building a socialist harmonious society function better.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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