| The mediation system takes an important role in the process of history development andtraditional legal culture. As a form of mediation, which began with the mediation ofadministrative personnel in the ancient times, developed to the mediation held by feudalofficial after Qin Dynasty and eventually took today’s system of administrative mediation. Ithas been an efficient instrument in mitigating social disputes and instructing harmonioussociety. Even so, there still exist many shortcomings in our country nowadays. The thesisexpounds the administrative mediation system along the main line of the actual situation andthe methods of completion. Except for the foreword and epilogue, the text is divided into fourparts.Part1About the basic theory of administrative mediation. The part includes the concept,properties, features and functions. At first, the thesis analyses different explainments about theconcept of administrative mediation. On the basis, the thesis makes an orientation.Administrative mediation is an activity out of lawsuit in which the administrative staffs in thebasis of bilateral equality direct at the civil dispute which happened during the publicadministration and try their best to harmonize and make interested parties reach an agreementin order to fluently solve social disputes according to the related rules, policies and publicmorality. Then the thesis deeply analyses the features and properties of administrativemediation. At the end, the author explains the functions of administrative mediation. That isthe reason why the system of administrative mediation exists in the modern society and whythe author studies the problem as well.Part2About the background and necessities. The thesis probes into the history ofadministrative mediation in our country and studies its social background in modern society.By comparing, readers will know administrative mediation still have social basis to developcontinuously and offers arguments for the reason and the following necessities.Part3About the actuality. It is made up with two small parts, one is the actuality, and theother is the analysis about the first small part. The author talks about the actuality from theangle of related legislation and practice. On the one hand, the thesis agrees with theachievements and functions in our country, on the other hand, it analyses some problemswhich are listed in the following discussion. First, there is deviation in recognizing theadministrative mediation. Secondly, some problems exist in the system of the organization of administrative mediation. Thirdly, the legal system has shortcomings. At last, the thesisstudies real reasons leading to the above problems in terms of theory and practice.Part4About concrete methods. As the heart of the thesis, the author pays more attentionon it. The thesis comes up with5ways. First way, strengthen ideas of administrativemediation. The second way, perfect the subject system of administrative mediation. The thirdway, limit the range rigorously. The fourth way, confirm the legal efficiency. The fifth way,regulate proceedings. It includes procedures of set-up and mediating. Besides, the thesis holdsthat the challenge system, security system and limitation rules should be built. The sixth way,set up the remedy procedure of administrative mediation. |
