Dissertation > Excellent graduate degree dissertation topics show

On the Construction of Administrative Litigation Mediation System

Author: AnJing
Tutor: LiuYanTao
School: Shandong University
Course: Procedural Law
Keywords: Administrative proceedings Mediation System Discretion
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 406
Quote: 2
Read: Download Dissertation

Abstract


Administrative proceedings whether the establishment of mediation is a hot issue, especially in the \In this paper, the administrative litigation trial practice, drawing on civil mediation system design, put forward some ideas for the Construction of Administrative Litigation Mediation. In this paper, by the introduction, body and conclusion. Which the body consists of four parts: the first part is the Administrative Litigation Mediation Overview. Mediation and the meaning of the concept of clear meaning of administrative litigation mediation; analysis, drawn from administrative litigation mediation system should be built in our country, rather than reconciliation system through the concept of \reasons. Including Germany, Japan and Taiwan of China administrative action settlement system; setting out the nature and characteristics of the administrative litigation mediation. The second part of the examination of the the Administrative Litigation legislative status quo. Administrative Procedure Law of China clearly stipulates the administrative proceedings NA mediation. The legislative intent of this provision by the traditional administrative law theory, the main five reasons involving public power can not be disciplined, shall be without prejudice to the public interest. In practice, however, filled with a large number of mediation nature case coordination, the high withdrawal rate, a serious gap between legislation and practice, NA mediation drawbacks increasingly apparent. The third part of the analysis of the necessity and feasibility of the mediation of administrative proceedings applicable. Reflect traditional theory, the key issues to be resolved is whether the public authority can dispose of the problem, the author is different from the traditional view, the discretion of the theory of the author's point of view to provide theoretical support for the later established a limited mediation system do foreshadowing. From an empirical perspective analysis of the American system of plea bargaining to seek the revelation of China's administrative litigation mediation system can be introduced. After that, from a practical need, the transformation of government functions, the historical background of harmonious society perspective of the feasibility of building a system of administrative litigation mediation. The fourth part is to build China's Administrative Litigation Litigation Mediation specific to the actual operating procedures before fully the basis of the theoretical arguments. Including the limited application of the principles of Administrative Litigation Mediation; establishment of mediation and trial separation, before-trial mediation mode; mediation cases to determine the scope from small two angles containing civil factors and the degree of administrative acts are illegal; and other specific procedures designed aspects.

Related Dissertations

  1. Reflections on Deng case trial,G206
  2. Research on the Multi-Regulation to the Administrative Discretion,D035
  3. Reconsideration on Civil Mediation System of China in Force,D925.1
  4. Thoughts on Perfecting the Public Security Mediation System,D926
  5. Social insurance administrative litigation to resolve disputes Mechanism,D922.182.3
  6. An Empirical Study on Managerial Discretion and Its Relationship with R&D Investment,F224
  7. German copyright law to modify and implementation of research,DD913
  8. The Abusing of Administrative Discretion and Regulatory Rules,D922.1
  9. On the Administrative Punishment’s Right of the Discretion and Legal Regulation of Quality and Technical Supervision,D922.1
  10. Thinking reasonable limitation on the discretion of the administrative penalty,D922.1
  11. Criminal Trial Discretion,D926.2
  12. Simple Procedure of Administrative Litigation,D925.3
  13. Judges judicial activism grassroots space,D926.2
  14. Administrative penalty discretion standard of Press and Publication System,D922.1
  15. Administrative reconsideration and administrative litigation Relations Theory,D922.1
  16. Research sentencing standardization,D924.13
  17. Administrative Law Perspective prison Discretion,D926.7
  18. A Study on Judge’s Discretion Upon Judicial Activism,D916.2
  19. Perfect harmonious society Context Court Civil Mediation System in China,D925.1
  20. On the civil burden of proof distribution system,D925.1
  21. Discussion of Administrative Litigation Performance Judgement in China,D925.3

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
© 2012 www.DissertationTopic.Net  Mobile