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On Administrative Litigation Construction pretrial settlement procedure

Author: HeLei
Tutor: GaoJiaWei
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: U.S. ADR Administrative proceedings Pretrial settlement Construction
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 77
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Abstract

Social development and national policy orientation has proved to us that the \This article looks at the current administrative dispute resolution system , trying from a unique perspective , the use of administrative litigation pretrial settlement procedures, to provide more relief relative choice . Based on the basic principles of ADR from the U.S. judicial review of the ADR system to find procedural practice learn to improve our administrative dispute resolution mechanism . The author in order to protect citizens' rights to build the purpose of the administrative litigation pretrial settlement procedures have been built . Specifically, the paper is divided into the following five parts: The first part of the introduction to the first settlement of administrative proceedings can be clearly ; Secondly, through the specific administrative law cases , residents complained that the demolition of Xi'an Baqiao government case introduction, in the case of mutual interest for the wish to obtain and hold tightly , resulting in the entire event impasse raises administrative litigation pretrial settlement procedure is feasible. The second part , ADR basic principles . ADR is something new , there are various of the words, but also has its advantages. In line with the concepts and basic outline of combing the purpose of this section to ADR concept, scope , characteristics , ADR types and functions , theoretical basis, a summary of the status as a logical starting point of this article , and clearly the scope of this paper lies . The third part, the American Review of ADR . The section on the U.S. ADR dispute resolution techniques , including mediation procedures , a small trial program , the United States Court of ADR procedures with the introduction and summary , for the fourth part of the Administrative Litigation in China to build the pre-trial settlement procedures , provides a theoretical support . ADR in specific instances , a detailed analysis of U.S. mediation in the instance type attached to the strategies and skills. Thereby providing a new concept, namely mediation , not only institutional important, more important is technology, only the right to make reconciliation mediation techniques increase the success rate . The fourth part of the Administrative Litigation Construction pretrial settlement procedure . This section through the dispute resolution techniques in the U.S. ADR mediation procedures require small trial before a meeting of the parties to the dispute settlement provisions of the mediation procedure and court annexed mediation program in institutional settings of the analysis , drawing on a rational point for program design, to Construction of China 's administrative Litigation pretrial settlement procedures . The fifth part , conclusion part . This section briefly describes the dispute settlement mechanism of the development process , and our administrative dispute resolution mechanism for the improvement , put forward relevant proposals recommended administrative proceedings, pre-trial settlement pilot program for the district court , and when the time comes to released in the form of judicial interpretation to improve the administrative proceedings pretrial settlement system . Therefore, administrative procedures for the establishment of pre-trial settlement in the administrative litigation system beneficial attempt and development.

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