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Administrative Litigation Mediation System

Author: LiBingLin
Tutor: LiuZhiGang
School: Fudan University
Course: Legal
Keywords: administrative proceedings the system of mediation discretion
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 203
Quote: 2
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Abstract


Whether our country does have to establish the administrative proceedings mediation system is always a hot topic. The revision of Administrative Procedural Law of PRC has been talking about in the last years, but seems difficult to come out. In judicial practice, "coordination and reconciliation" is used widely in China under the political slogan of Harmony Society. These underline the necessity and importance of the discussion to this issue. At the same time, the administrative proceedings mediation system also involves to the operation of the executive power and the administrative law basic question, thus its research also has theoretical value.In the beginning part of the article, it gives an overview of the administrative proceedings mediation system, by comparing it with reconciliation and administrative coordination, then come out with the issue’s definition, nature and characteristics. In the following part, the article examines the practice of not implementation of the mediation system in our country’s administrative proceedings. It identifies the result of this practice, such as the high rate on withdrawal of administrative cases, difficulties in executive the award, and analyzes the reasons carefully. Based on that, it also considers the disadvantages of the disguised forms of mediation, which are commonly used in China to get around law’s prohibition. In the core part of this article, it carries on the necessity analysis and the proof to the establishment of administrative proceedings mediation system from the views of justice, to lower the cost of dispute settlement, the aim of proceeding, and so on. It discusses the feasibility of mediation system by theoretical prove and reference to other countries’ related systems. In the final part, in before carries on above the full theoretical proof foundation then to propose the actual operation sequence, the article namely attempts to construct our country’s mediation system of administrative proceedings, specifically includes the principles, the scope, the procedure and so on.

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