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Institutional Options for the Settlement of Administrative Disputes in China:From the Perspective of Public Demand
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作者 程金华 《Social Sciences in China》 2010年第3期5-26,共22页
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
关键词 administrative dispute rule of law institutional supply institutional demand public demandy
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