Dissertation > Excellent graduate degree dissertation topics show

On the Construction of Administrative Litigation Mediation System

Author: LiuYanRong
Tutor: WangShiTao
School: Dalian Maritime University
Course: Legal
Keywords: administrative litigation mediation necessity feasibility Construction
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 28
Quote: 0
Read: Download Dissertation

Abstract


Administrative Procedure Law has carried out for 20 years. In this process, although the fact titration imposed a ban on mediation on administrative cases, mediation is, after all, a fine Chinese tradition in the field of justice as a means of dispute resolution, which has applied and developed for a long period in China, especially in fields of civil litigation and it was regarded as "the flower of the Orient" by the Western scholars. Moreover, the administrative proceeding in China is born out of civil litigation, so its mediation became an "open secret" in Chief Justice. Objectively speaking, although being contrary to the legislation, the conciliation provisions for administrative proceedings do benefit a lot to the society in many cases. "Administrative Reconsideration Regulations" implemented on August 1st in 2007 legitimize mediation clearly, which is a signal to accept the mediation officially. This trend was illustrated more clearly by "the provisions on Withdraw the question on the administrative proceedings" of the Supreme People’s Court issued in 2008.It was clearly stated in Article 1 of the regulations:"the specific administrative act reviewed by People’s Court as illegal or improper can be found in the pre-judgment or suggested to change by the defendant. Article 2:"the defendant changing the specific administrative acts together with the plaintiff applying for withdraw, conforms to the following conditions, should be ordered granting by the court"In fact the system has opened the gap for mediation.Combining with the administrative trial practice in our country, the paper aims to provide the theoretical support for the mediation and the specific recommendations for the establishment of administrative proceedings and can be divided into three parts.The first chapter explores the theory of the Administrative Litigation.The administrative proceedings, including the concept of mediation, nature, two diametrically opposed theories and the characteristics of the legislative situation in China.The second chapter focuses on analyzing the necessity and feasibility of the establishment of administrative litigation mediation system. It focuses on the necessity and feasibility of its establishment in the following part, which provide the theoretical support to the establishment of administrative litigation mediation system. The third chapter puts forward some concrete ideas for the establishment of administrative litigation mediation system and is an important Innovation part of this article. It consists of the principles applicable to administrative proceedings and conciliation procedures and the main system settings showing the whole Remediation mediation process from the start link, link negotiation, the agreement links.

Related Dissertations

  1. Simulation Analysis on Temperature Stress of RCC Arch Dam and Its Construction Joints Design Research,TV642.2
  2. The Research on Artisitify Technology of Santiago·Calatrava’s Architectural Works,TU-86
  3. The Research on the Architecture Design of Science and Technology Museum,TU242.5
  4. The Research on Space Organization and Combination of the Multiplex Cinema Builders,TU242.2
  5. Newly Campus Culture Construction,G641
  6. The Study of Text Index Construction for Large-Scale Dynamic Collection,TP391.3
  7. Context-Dependent Lexical Paraphrasing,TP391.1
  8. Improvement of Ant Colony Algorithmand Its Application in Robot Path Planning,TP242
  9. Research on the Brand Establishment of Amateur Swimming Clubs in Fuzhou and Xiamen,G861.1
  10. The Necessity of Strengthening Life Education in Middle School and the Path Required,G631
  11. Geographical Theory and Practice of Effective Teaching,G633.55
  12. Construction of new suburban rural grassroots party organizations,D267.2
  13. On Practical Exploration of Construction of Students’ Self-management System,G637
  14. Xinjiang Oilfield Ground Construction Cost Indicators and Management Information System Study and Application,F284
  15. Lightweight Aggregate Made from Waste Residue of Construction、Reclamation of Waste Foundry Sand Dust and Sludge,TU528.042
  16. The Safety Management Research of R Construction Project Based on PDCA,TU714
  17. Play the main role of farmers in the new rural civic morality,D648
  18. Research on Selection and Construction of the China’s Social Security Budget Pattern,D632.1
  19. Application of Improved Principal Component Analysis Algorithm in Course Construction,G642.4
  20. Discussion on the development of the western region of low-carbon economy and the construction of ecological civilization,X24
  21. The Evaluation of Indicator System of Ecological Civilization Construction,X2

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