Improve The Administrative Reconsideration Mediation System

Intermediation is a method of dispute-resolving with a long history in China. Because of its characteristics of low cost and high efficiency, intermediation is widely used in the field of private law, in particular in the civil disputes settlement process. At present, many countries and regions abroad have drawn dispute-resolving methods, such as intermediation, into administrative procedure and achieve good social effect. However, due to the influence of the traditional administrative right concept, in the theoretical field of administrative law of our country, there are still people who oppose to carry out intermediation in administrative reconsideration. The opposition is also reflected in the administrative legislation. But in reality, Along with the development of the theory and concept of administrative law, with the building of a harmonious society and a service-oriented government, the Implementation Acts of Administrative Reconsideration Law of the People's Republic of China was issued in June 2007, in which the intermediation system is stipulated as a basic one in administrative reconsideration for the first time. From then on, the administrative reconsideration intermediation system has become a new method of the multi-dispute-resolving mechanism in China. However, because of the differences of understanding and lack of experience, the stipulations on the scope, principle and procedure etc. of intermediation are not yet perfect. This article makes a summary of the administrative reconsideration intermediation system of China, and makes an analysis of the ADR system abroad, in particular the experience of practicing the intermediation method in the administrative procedures, as well as an analysis of deficiencies of China's existing administrative reconsideration intermediation system, and based on these, it puts forward ideas about how to improve the present administrative reconsideration intermediation system of our country from both the macro-and micro- perspectives.There are six parts in the text. Part One briefly introduces the development of the administrative reconsideration intermediation system in our country, and searches for its formulation basis through analyzing the value of lawful principle, the social basis and the realities as well, such as the modern theory of public rights, the concept of contract, the building of a harmonious society and a service-oriented government, the establishment of a diverse dispute settlement mechanism, as well as the real operation and trends of legislation. Part Two sums up the suitability of the ADR system in abroad administrative field, and puts forward useful ideas about how to bring and apply in administrative procedure in our country at present. Part Three makes an analysis of deficiencies of China's existing administrative reconsideration intermediation system, for example, the general principle of law is ambiguous, the convergence of the related systems fractures, and necessary legal provisions are lacking, and so on. All these above are need to be improved. On this basis, Part Four and Five search for the value, principles, functions, suitable scope and procedure establishment which are to be pursued by our existing administrative reconsideration intermediation system respectively from the macro- and micro- perspective, and put forward several tentative ideas about construction of intermediation of administrative reconsideration in our country. Part Six puts forward a number of basic requirements that should be followed during the construction of intermediation of administrative reconsideration in our country.