Research On The Mediation System Of Administrative Disputes

Introduction: It introduces the legislative background,practical background,research status and research methods of Administrative Dispute Mediation system.Starting from the cultural investigation of dispute,dispute settlement and mediation application.The paper puts forward some problems concerned on the investigation and reflection of the relevant regulations and operation status of Administrative Dispute Mediation in China and other countries in the world,especially to reflect on the different steps of legislation and practice.Chapter Ⅰ : "Introduction to The Mediation System of Administrative Disputes".Clarifies the basic scope of the article theory by introducing the concept of Mediation of Administrative Disputes and the differences,nature and classification of similar concepts,the background of mediation system and the orientation of mediation function.Firstly,it defines the Mediation of Administrative Disputes by analyzing the structure of words,analyzing the characteristics of Administrative Disputes,the different types and nature of Mediation of Administrative Disputes.Clarifying the relationship with Administrative Relief,Multi-Ddministrative Dispute Resolution and ADR mechanism.Secondly,the background of Administrative Dispute Mediation system is analyzed,including the trend of global mediation,Chinese mediation culture and judicial reform,the current situation of Administrative Disputes and so on,in order to find out the advantages and popular root of mediation.Thirdly,it summarizes the functions of Mediation in Administrative Disputes,explains the changes of judicial policy in China,and clarifies the status of mediation in the multiple Administrative Dispute Resolution mechanism.The possible negative effects of mediation are also discussed.Thirdly,it summarized and analyzed the endowment and characteristics of legal relationship in Administrative Dispute Mediation so as to get distinguished from other systems.Chapter Ⅱ: "The Theoretical Basis & Judicail policy transformation of Administrative Dispute Mediation".Benefits from its profound theoretical basis.This section combs the basic theories of different schools in detail,and also discusses the theory of opposition,system admissibility and policy transformation.Firstly,the theoretical factors restricting the development are analyzed,including the theory of non-disposable administrative power,the theory of administration according to law and the theory of public administration.Secondly,it introduces the basic theory of Administrative Dispute Mediation.Including Administrative-Power disposition theory,contract theory,substantive justice theory,public administration theory and other theories.In fact,based on the tremendous changes in the administrative environment,the theory of supporting mediation under service administration has some similarities.Thirdly,it demonstrates the necessity of establishing mediation in the field of public law from the aspects of constitutional basis,power boundary and realistic needs.Fourthly,the judicial policy of mediation in China is investigated.The conclusion of this chapter is that there are disputes in the theory of mediation of administrative disputes,and the judicial policy has experienced swings.However,after great changes have taken place in administrative practice,the mediation system of administrative disputes has gradually been accepted.Chapter Ⅲ: "Investigation of the Mediation System of Extraterritorial Administrative Disputes".The feedback of the system of extraterritorial Administrative Dispute Mediation has a tremendous impact on China.The two legal systems have gradually become a trend of integration,and the application of Administrative Dispute Mediation system is also very active.Firstly,it introduces the Judicial-Reform of foreign dispute resolution,as well as its main forms and the general situation of mediation along with the sweeping-world ADR-Movement.Secondly,it analyses the regulations and characteristics of Administrative Dispute Mediation system in various countries.Emphasis on the relevant systems of the United States,Britain,France,Germany,Japan and Chinese Taiwan in order to learn from their positive results.Thirdly,it summarizes and analyses the successful experience of foreign countries,and puts forward the enlightenment.The conclusion of this chapter is that the Mediation of Administrative Disputes is the trend of development in the post-litigation era,and we should strengthen the system reference and system guarantee.However,we should not neglect the environment of administrative rule of law and litigation rule of law.Chapter Ⅳ: "Administrative Mediation as an Administrative Process ".The concreteness of Administrative Dispute Mediation in Administrative procedure is analyzed and investigated.Firstly,it introduces the concept,nature,scope and mode of application,effectiveness and relief of administrative mediation.Secondly,it analyses the "Administrative Process Theory" and "Public Participation Theory" related to Administrative Mediation;Thirdly,it deeply discusses the professional advantages and disadvantages of independence in mediation,the lack of uniformity in legislation and institutional defects;Fourthly,it puts forward to reshape the norms of Administrative Mediation and strengthen the system of protection.The conclusion of this chapter is that Administrative Mediation as a "second-party" solution mechanism must strengthen the neutral construction,professional reinforcement and legal norms support.Chapter Ⅴ: " Litigation Mediation from the Perspective of Judicial and Administrative Game ".China’s specific provisions on Mediation in administrative cases are vague.How to coordinate the relationship between consent and referee and how to solve the problem of unclear procedure are worthy of in-depth study.This chapter first introduces the concept,nature,scope and mode of Administrative Litigation mediation.Explain the protection of the rights of outsiders and the entry into force of the mediation agreement.Secondly,this paper investigates the implementation of litigation mediation,deeply analyses the drawbacks of the "Reconciliation-Withdrawal" model and the problems of overhead litigation mediation,points out the tension between the system deficiency and the realistic needs,the high withdrawal rate and the low review rate in the mediation of Administrative Litigation,and points out that the non-legal factors in mediation are the causes of the imbalance of the game.Thirdly,it puts forward the solution to the problem of litigation mediation: replacing the mode of "Reconciliation-Withdrawal" with the contract mode;establishing the balance between promoting mediation and moderating mediation;and reducing the legal risk with the system design.The conclusion of this chapter is that as a game field between judicial power and administrative power,litigation mediation should properly solve the problem of mediation anomie and make it meet the requirements of the rule of law.Chapter Ⅵ," Interactive Practice of Administrative Mediation and Litigation Mediation " Interaction of mediation mechanism solves the systematic problem of Administrative Dispute resolution,that is,how to play the role of mediation in various settlement mechanisms to achieve division of labor,cooperation,coordination and careful convergence.On the basis of practical investigation,this paper summarizes and analyses the concept,basic connotation and main forms of the interaction of mediation mechanism,observes the practical situation,perspective the relationship between Administrative Power and Judicial Power in the interaction of mediation,and puts forward the principles and rules of the interaction of mediation mechanism,including the transcendence of judicial interaction,procedural docking and functional accuracy.Resource integration and system promotion are also discussed.The conclusion of this chapter is that mediation interaction helps to improve the efficiency of mediation,but we should avoid confusion or collusion between administrative power and judicial power.Chapter Ⅶ: " Perfection of System: Towards Ideal Mediation of Administrative Disputes " In order to establish and improve the system of administrative dispute mediation,we should take the unified public law dispute resolution as the path,and reform it from macro and micro aspects.Macroscopic construction: mediation promotes the unity of the system,enriches the mediation system and regulates the requirements of mediation.Focus on non-mandatory,confidentiality,neutrality of mediators and other requirements put forward construction suggestions.On the micro-construction,we should base on the introduction of the rule of law in mediation,and clarify the principles,benchmarks and procedures of mediation.The conclusion of this chapter is that contemporary China does not need mediation system,but needs modern mediation system in accordance with the rule of law,and should strengthen the system construction.Conclusion: "Promoting Benefits & Abolishing Harmness: Route to Administrative Dispute Mediation" Face up to the problems existing in the mediation of administrative disputes,actively repair the implementation environment of the Mediation of Administrative Litigation,under the principle of maintaining the rule of administrative law,pay more attention to finding the path and growth environment of the mediation of administrative disputes,and constantly explore for promoting the construction of consultative administrative and administrative law cooperation.