Study On The Structure Of China’s ADR Center

Administrative dispute is a dispute that occurs in the exercise of public power betweenSubject of Administration and Administrative Counterpart.It is of great significance tomaintain social harmony and stability if the administrative disputes are properly resolved.Theadministrative dispute is increasing and getting complex with the development of socialeconomy in China.The existing resolution of administrative dispute have many problems.Itcan’t enough to cope with the trend of the administrative dispute and to meet the actual needsof the administrative dispute resolution.The innovation of administrative dispute resolution isan urgent thing.The innovation can meet the changing needs of administrative disputeresolution.ADR(Alternative Dispute Resolution) that originated in the United States ofAmerica is an alternative dispute resolution.It was originally used in the field of civil disputeresolution and this is a great success.Then,ADR was used in the field of administrativedispute resolution and this is also a great success.The advantage and value of ADR can help toproperly solve administrative dispute. It will meet the present actual needs of theadministrative dispute resolution if our country introuduces ADR procedures into ourcountry’s administative dispute resolution and establish the ADR center.This paper is divided into five parts besides the introduction and conclusion,mainly fromthe following aspects:The first part is the basic theory of administrative dispute resolution by ADR.This partincludes three sections(the concept and characteristics of administrative dispute,a briefintroduction to ADR,the advantage and value of ADR on administrative disputeresolution).The basic theory is the foundation and background of this paper.The third sectionis the most important section in this part.The second part is the realistic problem of our country’s administrative disputeresolution.This part includes two sections(the trend of our country’s administrative dispute,thesolution and problem of our country’s adminstrative dispute).Analysis of this part is to get theactual needs of our country’s present administrative dispute resolution and the viewpoint thatADR can meet this needs.The third part is the analysis of feasibility that ADR can be used to solve admininistrative dispute in our country.This application is feasible,because ADR accords withour country’s traditional culture and modern administrative philosophy. ADR would sprout inthe field of our country’s administrative dispute resolution.The fourth part is the study and reference of foreign ADR.This part introduces theadvanced experience of America that ADR originate from there.It also introduces theexperience of Britain and Japan.It particularly introduces there countrys’ current effectiveADR system of administrative dispute resolution.This is a reference.The fifth part is the specific design of our country’s ADR center to solve administrativedispute.This part first briefly introduces the domestic organization that similar to the ADRcenter of administrative dispute resolution.Then this part make the specific system design forthe ADR center of administrative dispute resolution from five aspects(legislationsafeguard,the scope and principles,the nature and personnel of institution,the design ofprocedure,effectiveness and litigation cohesion).