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The Establishment and Construction of Administration Mediation System in China

Author: ZhangYaKun
Tutor: HeYunPeng
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: Administrative proceedings Mediation System Value orientation Necessity
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 183
Quote: 2
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Abstract


Section 50 of the Administrative Procedure Law of the People's Republic of China stipulates: \In judicial practice, the court came forward to contribute to the executive and the plaintiff \Change the original specific administrative act, or by the defendant or by the plaintiff applies for withdrawal of permission by the People's Court concluded the status quo, and eventually led to the withdrawal rate has been high in the Chinese Administrative Litigation. This situation indicates that the administrative litigation mediation not only with practical needs and the fact that there are a lot. Administrative litigation cases for trial, many courts have adopted reconciliation means to bring about the the defendant change the specific administrative act or withdrawal of the suit by the plaintiff, not only effectively reduce the the petition complaint rate of administrative cases, but also to maintain social stability and harmony. Therefore, the system of administrative litigation mediation should not only be established in time, but also embodies a distinct administrative proceedings characteristics mediation system. The traditional system has been as a result of the mediation system under the auspices of the People's Court, mutual understanding by the parties, to agree on the issue of civil rights and obligations or litigation rights and obligations, fair, and reasonable to resolve civil disputes litigation activities. At this stage, the establishment of the Administrative Litigation Mediation is a judicial philosophy with Chinese characteristics, and it not only reflects the basic principles of modern law, but also reflects the traditional Chinese culture of mutual understanding and mutual accommodation, and your thoughts. Although the mediation system had many twists and turns of the development of the rule of law process, but mediation awareness as important in the modern judicial philosophy, in new trial situation and social situation, is constantly strengthening. Therefore, mediation Mediation and Civil Procedure Law on Administrative Procedure Law has nothing substantial difference, both procedural and substantive law on dual attributes. The mediation system in the administrative proceedings shall be parties to the administrative law rights and obligations for the disposal of the subject matter of a desired behavior, the effectiveness of the mediation agreement and other legal instruments equivalent can be used as the basis for enforcement. Administrative mediation system is bound to be able to conform to the requirements of justice for the people of the history eventually become harmonious society \The executive power is not punishment theory does not apply the provisions of the mediation was shaken as the administrative trial practice. This paper tries to explore the feasibility of establishing a mediation system in the administrative proceedings, Jurisprudence and trial practice level more perfect view to the Administrative Procedure Law.

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