A Moral Review Of Administrative Conciliation

Administrative reconciliation is a hot topic in Chinese judiciarypractice and theoretical research, but nowadays, in our academiccircles, there are only a few works about it with legal perspective.There are not treatise about administrative reconciliation withethical perspective has been found so far, which is why I wouldconduct this research.As a method for dealing with administrative disputes,administrative reconciliation has been more and more popularbecause of its inclusive values, though it has not been confirmed bylegislation. Implementation of administrative reconciliation injudiciary practice has promoted the harmony of society andjudiciary, as well as the harmony of values of law itself.However, like a two-edged sword, administrative reconciliationwill present its good aspect completely when implemented in ascientific, reasonable way, and will lead to moral risks whenimplemented improperly. The improper implemented administrativereconciliation will reduce governments’ public credit, while theabuse of administrative reconciliation will reduce the authority oflaws and regulations and provide opportunity for power renting and administrative corruption. Administrative reconciliation has alwaysbeen improperly implemented and abused due to the imperfectcredit system, related staffs that had blind faith with ethicalcompromise in administrative reconciliation and the deficiency ofsupervised mechanism.To the opinion of this paper, to avoid the moral riskssuccessfully while realize values of administrative reconciliation, weshould, first, implement the moral principle applied to it, secondlyset limits on the usage of administrative reconciliation and finallyconstruct supervised, relieved mechanism to correct special casesof misuse. If we implement administrative reconciliation strictlyaccording to suitable rules, it would improve the social harmony,stability positively without being misused.