On The Mediation Of Administrative Relief Perfect System

At present, our country social economy development overall situation is good, and at the same time because the current is in the institutional transition and structural adjustment and in the process of social transformation, various social contradictions abound and showed a trend of increase, the establishment of the socialist market economic system will inevitably touch the existing pattern of interests, this will inevitably lead to conflict intensifies, how to effective prevention, mitigation and control all kinds of social contradictions become the build socialism country under the rule of law, the necessity of building a harmonious socialist society and key tasks.As a kind of social disputes, administrative dispute also face a growing tension. With the development of social economy and the popularity of education legal system, the people’s legal consciousness had certain enhancement, ego consciousness has been strengthened, and the large number of our administrative law enforcement, wide scope, the law enforcement procedure flexibility is bigger, is illegal and improper in the process of exercise of executive power and infringement of citizens’ legitimate rights and interests. Administrative dispute involving the government and the people, the relationship between public interests and personal interests, involves the development process of the rule of law construction in China, if not timely and effective administrative dispute resolved, can easily lead to "dry," tension, it relates to the vital interests of the broad masses of the people, and relates to the social harmony and stability. Therefore, administrative dispute solution and the way is worth deeply studied and discussed.And subject to the nature of the administrative dispute, administrative dispute resolution mechanism in China has been committed to official, trying to construct to the court as the center, strict law of administrative dispute resolution mechanism. These administrative dispute settlement system has played a positive role in solving conflicts; but with the administrative dispute increasingly diversified and complicated, and the diversification of the realistic requirement of citizens to solve administrative disputes, the traditional administrative dispute settlement mechanism is faced with more severe challenges. The twentieth century American ADR movement’s rise is attracted more and more scholars focus on non-litigation dispute resolution mechanism and thinking, especially to the introduction of the mediation system of administrative dispute resolution mechanism to cause the attention of scholars and triggered a widespread discussion. As a way of solving social disputes, mediation system in reality for peace to efficiently resolve disputes and maintain the social order stability play an important role. Mediation system as an effective way of solving conflicts with Chinese characteristics has already been widely applied in the civil dispute solution, and for the development of people known as the way of dispute resolution, it’s for the successful application of the mediation system of administrative disputes is provided in a certain social basis, at the same time, the western developed countries to solve administrative disputes, according to the mechanism of establishing diversified, including administrative, judicial, administrative dispute resolution mechanism is very necessary, these countries on the administrative dispute resolution mechanism of exploration and practice for the reform-and perfection of administrative dispute resolution mechanism in China opened a exports.