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Legal effect of administrative reconciliation

Author: ZengYan
Tutor: HuXiaoHua
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Administrative Reconsideration Reconciliation Res judicata The principle of proportionality
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 56
Quote: 0
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Abstract


Since the implementation of Administrative Reconsideration Regulations promulgated and implemented since the administrative reconciliation began the practice of administrative reconsideration was a lot of use , and showed a splendor of rich forms. However , practical applications also require a sound theoretical guidance . In order to improve administrative reconciliation system , the author of administrative reconciliation perspective on the effectiveness of administrative reconciliation do a lot of thinking and argumentation theory . This paper is divided into four parts. The first chapter discusses the administrative reconciliation -related concepts, including the definition of reconciliation , reconciliation definition and nature of reconsideration , reconsideration of reconciliation in two modes: Compact mode and withdrawal mode. This chapter aims to capture the overall administrative reconciliation me for reconsideration legal effect reconciliation discussed as a foundation. The second chapter discusses the specific administrative reconciliation legal effect. Elements include effectiveness , efficiency and the creation of an entity identified on effective study and selection , procedural law of res judicata , execution. In the issue of res judicata , the main objective explore the scope of res judicata . Being the settlement agreement , the scope of res judicata only refers to the settlement agreement related to the specific administrative act of punishment , but punishment administrative body does not have the grounds of res judicata . Execution refers to the settlement agreement may apply for enforcement. The third chapter discusses the administrative reconciliation on the effectiveness of other stakeholders . I will be third party and other interested parties into a new third person. The fourth chapter discusses the main contents of the effectiveness of administrative reconsideration reconciliation flaws , blemishes review , blemishes relief three aspects . Severability including ineffective and may revoke two cases ; defect review includes the review body to examine the time and manner , review principles , reviewing effectiveness .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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