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The ADR mechanism administrative mediation research

Author: LinLin
Tutor: PanWeiJie
School: Fudan University
Course: Legal
Keywords: ADR administrative mediation Legislation
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 317
Quote: 2
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Abstract


Chinese legal system is now in dire need of setup of effective dispute settlement mechanism which shall also in compliance with the Chinese status. Administrative mediation, as one of the eastern legal system, more fits the actual Chinese status. This article is going to discuss the basis, current status and foreground of administrative mediation from the perspective of ADR (Altemative Dispute Resolution) system.Due to the lack of the judicial resources, ADR known as a non-litigation dispute settlement mechanism emerges as the times require, which to a great extend alleviates the pressure of greatly increasing litigations and satisfy the need of legal system and sustainable society development. China can learn from ADR development in western countries like America, Britain and Germany, and build an d develop our won ADR system.The current China legal system provides the impetus for ADR system to take place. While, as diversity of dispute settlement mechanism, society honesty system and optimum judicial resource allocation system have not been in place, the desired ADR must be authoritative and standard in addition to being flexible and non-compulsory. As one of the ADR method, Administrative mediation has the all characteristics mentioned above and conforms to the China status and development. I believe the systemat ic research on the administrative mediation system from ADR perspective will positively fill up deficiency of judicial system, seek the balance between public rights and civil rights and promote harmonious society development.This article aims to provide theoretical support for the application of administrative mediation legal system by study of ADR theory, further understand the existing issues of administrative mediation by systematic description of administrative mediation system, and provide study method for further reforming and perfecting the current administrative mediation by study of public security system. All in all, I sincerely hope I could contribute my mite to the further development of administrative mediation in China.

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