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Reconciliation in the Resolution of Administrative Dispute

Author: ChenJing
Tutor: LiuWenJing
School: Jinan University
Course: Constitutional and Administrative Law
Keywords: administrative disputes reconciliation administrative reconciliation institution
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 200
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Abstract


Administrative reconciliation is one way to handle the administrative dispute by communication and negotiation between the administrative parties. It is widely adopted in many countries because it not only possesses the characteristics of low cost and high efficiency, but also embodies the basic ideas of freedom, equity and democracy. We have started to explore and practice the reconciliation of administrative lawsuit and reconsideration in recent years, and have achieved well in social operation, while encountered some barriers as well. On the basic of recollecting the legislative and practical contradictions of the reconciliation in our country, this thesis expounds and analyzes the difficulties and reasons in introducing the Institution of reconciliation and its practice. Then by combining the lawful foundation of establishing the reconciliation Institution and referring to the foreign reconciliation Institution, this thesis discusses its feasibility. Furthermore, the thesis makes conceivability of perfecting the reconciliation Institution in handling administrative disputes. That is, on the basic of clarifying the legislative orientation, scope of reconciliation and validity of reconciliation agreement, we should explore the program specification to suit the administrative reconciliation principles, and make the complete process design of reconciliation procedures in the administrative reconsideration and lawsuit.

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