As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the mod...As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.展开更多
On the basis of data obtained from a comprehensive social survey across twenty- eight provinces, municipalities and autonomous regions in 2005 （CGSS2005）, we have conducted quantitative empirical research on the dis...On the basis of data obtained from a comprehensive social survey across twenty- eight provinces, municipalities and autonomous regions in 2005 （CGSS2005）, we have conducted quantitative empirical research on the distribution of administrative disputes and Chinese citizens’ purposive institutional choices in dealing with such disputes. Our study found that where administrative disputes are concerned, today’s Chinese citizens are by no means apathetic about the law. However, practical constraints mean that some of them resort to other means of dispute resolution than judicial or quasi-judicial procedures. In actuality, a two-track system exists in Chinese citizens’ resolution of administrative disputes; that is, they have the same level of demand for （quasi-） judicial channels and for Party/government channels in the resolution of disputes of this kind. In addition, different social groups show a great variety of preferences in terms of choice of channels for dealing with such disputes. On the basis of empirical research we argue for further reflection on the theory and methodology of this kind of research today and call on theoretical research and institution building to show a genuine understanding of and respect for citizens’ wishes.展开更多
In handling patent disputes, China observes an operational method of mutual cooperation and coordination through two channels: judicial adjudication and administrative settlement. Over the past decade, practice has pr...In handling patent disputes, China observes an operational method of mutual cooperation and coordination through two channels: judicial adjudication and administrative settlement. Over the past decade, practice has proved that the specific way of handling patent disputes by patent administrative organs has played an important role in the prompt resolu tion of patent disputes, protecting the legitimate rights and interests of patent-展开更多
文摘As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.
文摘On the basis of data obtained from a comprehensive social survey across twenty- eight provinces, municipalities and autonomous regions in 2005 （CGSS2005）, we have conducted quantitative empirical research on the distribution of administrative disputes and Chinese citizens’ purposive institutional choices in dealing with such disputes. Our study found that where administrative disputes are concerned, today’s Chinese citizens are by no means apathetic about the law. However, practical constraints mean that some of them resort to other means of dispute resolution than judicial or quasi-judicial procedures. In actuality, a two-track system exists in Chinese citizens’ resolution of administrative disputes; that is, they have the same level of demand for （quasi-） judicial channels and for Party/government channels in the resolution of disputes of this kind. In addition, different social groups show a great variety of preferences in terms of choice of channels for dealing with such disputes. On the basis of empirical research we argue for further reflection on the theory and methodology of this kind of research today and call on theoretical research and institution building to show a genuine understanding of and respect for citizens’ wishes.
文摘In handling patent disputes, China observes an operational method of mutual cooperation and coordination through two channels: judicial adjudication and administrative settlement. Over the past decade, practice has proved that the specific way of handling patent disputes by patent administrative organs has played an important role in the prompt resolu tion of patent disputes, protecting the legitimate rights and interests of patent-
