Study On The Administrative Reconciliation System

With the expansion of the field of administration and complexity of the dispute , the demand diversification of the main interests , asking people to find and create a new and more effective method to resolve the dispute. The administrative reconciliation is a system that the administrative subject and the private party make an agreement. through the communication and 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. The administrative reconciliation as a dispute settlement mechanism under the trend of diversification developed a way to resolve disputes, is increasing people's concerned extensively, and has playing an important role in practice. But we did not have been included the administrative reconciliation in the dispute settlement mechanism, and the legislation has also taken a negative attitude for it. However, the exclusion did not eliminate the practice of the reconciliation in the use on the administrative process, or administrative litigation, the application of the reconciliation has been there. However, due to the legislative absence on the guiding principles and procedural rules, making the reconciliation in practice the use of present state of chaos, hinder its role into full play.As the speeding up the pace of the democratization process, the change of government functions, the establishment of a service-oriented government, it is necessary to create a new, more effective way to resolve the dispute, as a necessary complement in our dispute settlement mechanism. And the reconciliation is based on the application of administrative flexibility, effectiveness and cost-benefit aspects of realistic considerations, but also reflects a basic spirit of the modern administrative processes, that is consensual and democratic, more of inherent requirements of the socialist harmonious society. Through the recognition and encourage the application of reconciliation to promote administrative efficiency and democratization, the promotion of"desired by the administration "should become an important goal of China's reform of the administrative processes.In this paper, to take historical analysis, empirical analysis and comparative analysis of research methods, a combination to theory and practice, for the construction of the administration reconciliation system to provide theoretical and practical reference. Except preface and conclusion, this paper is divided into four chapters:In the first part to the basic theory, including: clarifying the concept of the administrative reconciliation, setting out the characteristics of the reconciliation and introducing the value of the study. Part two, analyze, summarize the theoretical basis for the administrative reconciliation system. Through analyzing our traditional culture, jurisprudence, constitution and administration, try to explore the existential rationality of the administrative reconciliation system, and the legitimacy of the administrative reconciliation system. Part three, by analyzing the reality of the administrative reconciliation system in our country, sum up into the necessity of the administrative reconciliation system in China. Not only is our accession to the WTO dispute settlement mechanism, to meet establishment of a service-oriented government, it meet the inherent requirements of the socialist harmonious society. Part four, on the basis of theory and practical needs, try to construction the administrative reconciliation system in our country. Clarify its basic principles and its scopes of application, design its operating procedures to maximize the use of its dispute settlement functions, and improve our administrative disputes settlement mechanism, in order to protect the legitimate rights and interests of the private party, regulate and supervise the exercise of the administrative powers according to law.