On The Perfection Of Administrative Mediation System In China

Administrative mediation is an important representative of many ways as China to resolve disputes, And its status as a special significance. Today, the administrative mediation in the mediation of public security, personnel, and many other related areas are demonstrated its value. So far the problem has not yet been satisfactorily resolved largely restricted administrative mediation role to play in the future of dispute resolution.In view of our long-standing tradition of the legal concept of "no litigation","harmony" concept, the starting point with the existing administrative mediation of voluntariness, equality, negotiated settlement of the same basic principles. Thus, it is based on the theme of building a socialist harmonious society, in the course of its administrative functions of government agencies to promote healthy change, and build a sound administrative mediation system; has a very important significance.The Paper is targeting to improve the existing system of administrative mediation. By-studying the basic theory of administrative mediation system, and analyzes the basic connotation of the system, the differences and connections between concepts and its function and value. While for the existing situation of administrative mediation system are described and analyzed their problems and reason formation. To analyze the results of the study of administrative mediation system in other countries and regions of the advantages and disadvantages of comparison, for the latter to provide the appropriate reference further improve the administrative mediation system.The first part, I study the basic theory of administrative mediation system. Firstly, respectively,"education said","The consultation said,""Management said," and the "Coordination said," and so these views were described as the angle of the basic content of the administrative mediation system. Definitions of this administrative mediation in understanding showed similar, for example, on the implementation of the main administrative mediation, many common understanding should be the doctrine of administrative organs; in the subjective element of administrative mediation, the parties are considered to follow the principle of voluntary and so on. Then, by way of discrimination, I further deepening the system and other relevant contact points and different ways of understanding the mediation. Their comparisons of the main methods are people’s mediation conciliation, mediation and judicial mediation and so on. Finally, by analyzing the function of the administrative mediation system brought the "four advantages", fully reflects its institutional system for building, balancing the contradictory relationship between conflict of interest, or even a public authority to shape the value of building a harmonious society and the role of lies. By gradually improve administrative mediation system can effectively compensate for ways other ways outside litigation process to resolve deficiencies, further mechanisms for the establishment and operation of the entire system to provide role.The second part, Analyzes the development status and causes of administrative mediation system. First, many of the problems with the concept of the rule of law system, target selection, convergence, program design and direction of the force of law as a guide, were studied in detail and describes related issues. Issues such as administrative mediation process utilitarian philosophy, which often determines the administrative mediation to resolve the dispute cannot achieve real, resolve conflicts role. Disguised prompted the executive to pursue mediation rate, in many mediation blindly cater to the unreasonable demands of the parties, even in the mediation agreement the parties meet the law requirements. Second, Explained the reasons for the existence of the problem of administrative mediation system. And on this basis, in order to give their interpretation of the causes of the corresponding problem exists in three aspects. It is also for these reasons. in the application of the mediation process fully reflects the diversity of the mediation constitute society caused by imperfections, improper application of the expansion of executive power and mediation, mediation system mass acceptance of a series of poor the problem.The third part, Studied the corresponding administrative mediation system in other countries and regions, given by way of a comparative analysis of the process of administrative mediation system to build the appropriate reference. First, in order to examine ways to fully understanding the many administrative mediation system extraterritorial related systems representative and existing institutional system as a reference to measure various aspects of contrast. Then, by analyzing and comparing the results of the administrative mediation neutrality and independence, the importance of professionalism and authority to build and other factors to ensure that, for the establishment of a gradually improving administrative mediation system provides a valuable reference.The fourth part, based on the above research and analysis, discusses the perfect path to the administrative mediation system in China. Respectively, how to expand the scope of administrative mediation, administrative mediation clear legal validity, programming sound administrative mediation, administrative mediation to improve legislation, the establishment of mediation and other dispute resolution mechanisms for effective convergence issues and other aspects of the angle of sound details of its system involved in the building process, difficult issues such as the detailed study and elaboration.