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On Several Issues of Reconciliation System of Administrative Law

Author: WangChunMei
Tutor: ZhaoHuaQiang
School: East China University of Political Science
Course: Legal
Keywords: Administrative Reconciliation Studies
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 176
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Abstract


Reconciliation system of administrative review, first appeared in The Administrative Reconsideration Law Regulations for the Implementation promulgated in 2007 , neither it defines itself nor discriminates itself from mediation of administrative reconsideration.The article hereby makes a Multidimensional analysis on the comparison between reconciliation system of administrative review and mediation of administrative reconsideration, namely, the subject, effectiveness and the situation under which they are respectively applied, etc.On this basis, the author offers a four-leveled definition of reconciliation system of administrative review. Firstly, it occurs between administrative body and its counterpart; secondly, it works under the principle of voluntary and legality; thirdly, it applies after the hearing and before the decision of administrative review, and for the Administrative Discretion cases only.Every system has its foundation, so does the reconciliation system of administrative review. Triditionally, people place great emphasis on the belief that harmony is what matters. Currently, the idea of "harmonious society"is an important part of political background. Furthermore, the evolution of reconciliation system of administrative review in legally developed countries and regions has exsisted for long time. All of these comprise the foundation of reconciliation system of administrative review in china; in short: culture basis, political basis and comparison basis.This article tells that the reconciliation system of administrative review could be interpreted differentlyIn the view of administrative Law and Administrative Litigation Law . Also, this article dwells on the historical evolution and Legislation comparison of reconciliation system of administrative review. There are two historical evolution traditions for it: the dispute resolution mode of traditional agricultural society and the dispute resolution mode which were innovated by the P.R.C. and prevalent before 1978.Moreover, the author compares reconciliation system of administrative review with the non-litigation-styled dispute resolution mode especially with the ADR system.From the point of Influences of the basis of trust, mediator, and the parties concerned, the relationship between Mediation and law, this articale expounds on the Sina-American comparison of mediation culture. It also makes a brief study on the value of non-litigation-styled Dispute resolution mode for our country’s legislation.In addition to theoretical basis, reconciliation system of administrative review has practical basis. By three cases, the author discusses the properness and limits of reconciliation system of administrative review, and the safeguards for execution. Also the author makes efforts in legislation and principles to research the ways for perfection of reconciliation system of administrative review. On the scope of accepting cases from the exercise of administrative discretion of the cases; Belongs to the executive center within the main body dealing with all kinds of civil disputes in civil cases; The Chief is not a case; The specific administrative acts of the main evidence of non-defective, and can be considered for reconciliation; entities dealing with non-law, procedural flaws exist, and can apply, where appropriate, to consider reconciliation. The application of reconciliation system of administrative review is significantly important. In order to make good use of its positive effectiveness, we should have a comprehensive knowledge of it and absorb its essence while discard its drosses.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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