The Constructing Of The Administrative Reconciliation System In China

The administrative reconciliation is a system that the administrative subject and the private party make an agreement through the communication and the negotiation in the process of solving the administrative dispute. The administrative reconciliation not only has the low cost, the high efficiency characteristic, also has manifested the basic idea of the freedom, the equal and the material justice. At present, the administrative reconciliation system has been established by many countries, and is playing the vital role at settling the administration dispute. But the administrative reconciliation has not been brought into the mechanism of solving the administrative dispute and it is also denied in the legislation in China. However it is widely utilized by people in the administrative process and the administrative litigation. Because the lack of the guiding principle and the procedure rule in legislation, the chaotic condition that the administrative reconciliation presents has hindered its function full display. Based on this, the author chooses the administrative reconciliation system as the subject of research.The essay discusses the general theory of the administrative reconciliation, clarifies its concept, expounds its characteristic. The author affirms that the administrative reconciliation has the existence necessity through the analysis to the value of jurisprudence and the social function of the administrative reconciliation system. The essay not only analyzes the theory support and the realistic foundation of the administrative reconciliation system, also introduces the successful experience of administrative reconciliation in other countries. As a result, the essay summarizes the administrative reconciliation system has the possibility which implements in our country. Based on this analysis, the author tries to construct the administrative reconciliation system in China, defines its applicable scope, designs its procedure, so that consummates the mechanism of solving the administrative dispute. The author hoped the administrative reconciliation may protect the private party's rights and supervise the administrative subject exercises the power legally.