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Administrative Mediation System Research

Author: LiZuoZuo
Tutor: LiangJinMing
School: Tianjin Normal University
Course: Constitutional and Administrative Law
Keywords: administrative intermediation dispute settlement mechanism ADR
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 366
Quote: 3
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Abstract


The dispute of human society is so complicated and diversified. Administrative intermediation is an important part of the dispute resolution mechanism. In China, the traditional legal culture, and the reality demand of the system and many contradictions because of the social transformation show us that we must carefully study the local resources system. However, due to the lag of the theoretical study and many problems of the administrative practices, in the background of constructing a harmonious society, what is the future of the administrative intermediation? Therefore this paper selects administrative intermediation as the breakthrough, trying to open thought for the further development of administrative service and diversification of dispute settlement mechanism, then do some explains and prospects for the system with Chinese characteristics.The paper has five parts, each part of the main content is:The first part, mainly on the basis analysis theory of administrative intermediation, including the concept of administrative intermediation and properties of the definition, summarize characteristics and the principles and the value of administrative intermediation.The second part is the practical analysis of the administrative intermediation system. First of all, this paper introduces the development history and the contents of the administrative intermediation system, then summarizes the achievements and some problems in it, which including the legal provisions, also their mechanism.The third part, since the last century, with the rise of the ADR movement in western countries, the intermediation system of oriental societies became the attractive topic in the legal field. Therefore, the third part mainly through introducing ADR from some foreign countries and Taiwan area, especially in the aspects of administrative intermediation. At last, find the contents which is worth using for reference.The fourth part, on the basis of the analysis of the main problems, this paper will try to put forward some improvements of the relevant laws, administrative intermediation type model, and how to set up the organizations to good effect under the background of the intermediation in our country. At last, finish their value regression and transformation.

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