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On Reconciliation in Administrative Law Enforcement

Author: XuLinHua
Tutor: WangKeWen
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: administrative reconciliation contract administration virtual legality consensus
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 171
Quote: 3
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Abstract


Along with the advance of legal process, modern administrative practice has turned from order to contract, scrupulously abiding by formal legality to virtual legality. State authorities have paid more attention to people’s participation and suggestion. They tried to solve administrative disputes faster and more effectively via communication and consultation. Administrative reconciliation serves as one typical representation of contract administration. It applies to the whole process of administrative activity, which contains law enforcement, reconsideration and litigation. When the authorities plan to issue one executive decision, but they still can’t confirm the facts or legal relations that decision based on; sometimes, even though they can make clear about those facts or legal relations, the heavy payment would make the whole activity out of proportion, then administrative reconciliation provides a beneficial way. After communicating and bargaining, the authorities and the counterpart come to an agreement, and sign a written contract each other. Apparently, this way can help us resolve administrative disputes quickly and effectively. Also, it builds up understanding and trust between both parties. By reinforcing specification on the settlement agreements via procedure and creating more equal conditions for negotiation, administrative reconciliation will contributes more to the administrative law enforcement.

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