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Administrative proceedings Reconciliation System

Author: LiuWeiKun
Tutor: ZhangShuYi
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative proceedings Reconciliation Mediation
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 299
Quote: 1
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Abstract

Of the provisions of Article 50 of the Administrative Procedure Law of administrative litigation cases NA mediation (except compensation cases). Although the law does not specifically prohibit the reconciliation, but the fact of conciliation and mediation are also blocked the Practice administrative litigants in the Court's acquiescence to reach a settlement in the case even under the coordination of, and the phenomenon to the plaintiff for withdrawal of the settlement of administrative disputes abound. The law and reality conflict. This will inevitably cause us to reflect: our administrative litigation settlement system should be established as soon as possible. Administrative action settlement system and the dispute settlement mechanism diversification philosophy, the Service Administration, as well as to give the parties the procedural option litigation philosophy suited to a litigation system. Administrative action settlement system for the reconciliation behavior specification case litigation economy, completely resolve administrative disputes significance. Administrative action settlement system in the extraterritorial successful practice in line with China's traditional \We should strive to build and perfect the system of administrative litigation settlement, and as soon as possible by amending the law into the legal system. To establish the legitimacy of the administrative action settlement system, as well as how to construct the system as the main line, trying to administrative action settlement system is relatively systematic, in-depth analysis to explore the theoretical basis of the administrative action settlement system in our country to establish the necessity and feasibility of construction, and its future in order to be helpful to the reform and development of China's administrative litigation system. The full text of introduction, the body of two major components: Introduction to part by combing the law and practical considerations, leads to the establishment of administrative action settlement system. Then pointed out that the purpose of this study, structure and methodology. The text is divided into three parts. Part I: the basic theory of the administrative settlement of litigation. This part of the definition of reconciliation from the administrative proceedings, discusses the legal basis of the nature and the reconciliation of the administrative proceedings. First, the administrative settlement of litigation in this article defined as follows: in the process of administrative proceedings, the parties for administrative purposes, the end of the proceedings in accordance with legal procedures, the specific administrative act within the scope of statutory authority, the rights and obligations, through consultation, to reach a desired legal acts. And analysis of the administrative settlement of litigation and litigation settlement, mediation. Then, to explore the nature of the reconciliation of the administrative proceedings, agree that it has the dual nature of the substantive law and litigation law. Finally discusses the legal basis of the administrative settlement of litigation, including dispute resolution mechanism diversified, service administration, philosophy and client program option. Part II: the establishment of the administrative settlement of litigation of the necessity and feasibility of the system. The need for aspects of reconciliation behavior specification case, realization of the case statement things, the unity of the legal effects and social effects, to achieve proceedings economic argument. Feasibility from the administrative discretion of the widespread presence of the reference of a similar system, the successful experience of China's traditional the extraterritorial reconciliation system \Part III: construct the framework of the administrative action settlement system in our country. First, to explore the principles of the administrative settlement of litigation, including voluntary, legal, limited, open, reconciliation with the ruling combination of the five principles. Second, explore the elements of the administrative settlement of litigation and effectiveness. That the elements including the elements on the substantive law elements of procedural law, the effectiveness of including the identification of force, res judicata, execution. Again to discuss the scope of the administrative settlement of litigation. That reconciliation is limited. Fourth, from the start of reconciliation, the end of the three stages of administrative action settlement procedures. Finally, discusses the administrative settlement of litigation defects and relief. Learn from the provisions of the Taiwan region, when the settlement of litigation when there is a void or voidable because the request is to continue with the trial to the court for relief to the parties.

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