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The administrative proceedings reconciliation System

Author: ShenZuo
Tutor: LiuJun
School: Nanjing Normal University
Course: Procedural Law
Keywords: Administrative proceedings Executive Jurisdiction Reconciliation System
CLC: D925.3
Type: Master's thesis
Year: 2005
Downloads: 384
Quote: 11
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Abstract


Administrative action settlement between the plaintiff and the defendant in the administrative procedure in respect of the subject matter of litigation under the auspices of the People's Court in Agreement to resolve the dispute , the principle of mutual understanding and mutual accommodation . China 's administrative litigation prohibiting mediation and reconciliation , and the parties to the withdrawal of the case to resolve the dispute , the case settled occurring on a large scale , judicial monitoring anomie , the plaintiff's rights can not be effective protection through administrative proceedings , may also damage the interests of the state and society . The establishment of a settlement system can fully respect the executive power of the autonomous nature , make administrative autonomy subject to the jurisdiction of effective supervision that reflect the people-oriented constitution philosophy , more humane government administrative behavior and ultimate disposal are feeling the parties to the dispute satisfaction , thereby improving the relationship between the executive authorities and the public . However , the establishment of this system is not only the existence of barriers to traditional theory , and also has a technical problem on the proceedings . Investigated after the reconciliation of the theoretical and technical obstacles , and then analyzed from two aspects of the proceedings and substantive law allowable administrative action settlement , after which , the article discusses the effectiveness of the applicable conditions and the scope of application of the system of reconciliation and reconciliation , and preliminary ideas on the basis of a system of administrative action settlement rules .

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