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Administrative Reconciliation System

Author: JiYanLi
Tutor: WangLei
School: Heilongjiang University
Course: Legal
Keywords: administrative litigation Administrative Settlement public power discretion
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 2
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Abstract


"Administrative Procedure Law" Article 50 clearly stipulates: "the people’s court handles administrative cases, mediation is not applicable", on the basis of article, the legitimacy of administrative mediation is eliminated in China .However ,in the practice of administrative trials in china , a large number of administrative cases are settled by withdrawal of reconciliation .In this thesis ,the meaning of administrative reconciliation refers to system of Administrative Procedure Law, called administrative reconciliation for short. Based on many theories, for example, public power can not be punished, it does not meet the principle of administration of law, and harm to public interests, but changes have taken place,the law must keep pace with the fact. This paper analyses development and dilemma of administrative reconciliation in China, researches deeply the validity of the administrative system and the necessity of reconciliation, and put forward humble opinion of building the administrative reconciliation system.

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