Study On Resolution Mechanism Of Administrative Dispute

At present, government’s administrative power extends to the public’s life widely; more and more situations that administrative behavior influences the public’s rights appear. In the area of administrative management, the dispute between man and administrative subject shows ascendant trend. Along with the popularization of the Administrative Review Law、administration litigation law、Regulations on Petitions in the Form of Letters and Visits and the other laws, it is becomes the norm that the public seek diversified disputes settlement to protect their own rights.Administrative dispute resolution mechanism has the following features:first, the establishing of administrative dispute resolution mechanism has realistic demand; second, administrative dispute solutions are diversified; third, administrative dispute mechanism hierarchy is systematic. In our country, the current situations that the administrative dispute resolution mechanism faced are:the explosion of administrative litigation cases, plenty of backlog cases, the examination and approval justice is difficult to get timely and effective realization. Because its independence, impartiality are questioned by the public, the function of the administrative reconsideration mechanism is hardly being brought into play.And that lead to the situations that the administrative relative person send complaint letter and visit, but do not believe in laws, an accumulation of complaint cases, and keeps high petition rate. These lead to further intensification of the disputes between both sides, and derived more social problems.Some foreign administrative dispute resolution mechanism offers us beneficial experience, Such as Britain’s administrative tribunal system, French administrative relief system and America’s ADR dispute resolution mechanism, etc. In general, the current dispute ways are in decentralized state, administrative dispute mechanism lack of overall structure and level settings, the dispute solution development is not balanced, dispute resolution pressure piling up in one or two kinds of dispute resolutions, the non-litigation dispute solution has not been fully developed. In the cohesion of dispute mechanism, both of theoretical and practice exploration didn’t get enough attention, lacked of solving administrative dispute systematized force. In institution setting aspect, the country does not pay enough attention to the non-litigation dispute resolution mechanism’s development, personnel quality is uneven, and it’s hard to guarantee the authority of dispute resolution. Therefore, it is necessary for us to research the linking problem among administrative disputes settlement mechanisms. Make the administrative dispute between the administrative main body and the administrative relative person get timely and effective solution, to maintain social harmony and stability. Reconstructing China’s administrative dispute resolution mechanism mainly from the following aspects:One is to rebuild the whole structure of the administrative dispute resolution mechanism, to form a Function combined, organic unity of mechanism system; the second is abandoned "lawsuit function central doctrine", pay attention to the development of the administrative non-litigation dispute resolution mechanism; the third is to achieve the effective cohesion of kinds of administrative dispute solution.