On The Improvement Of China's Administrative Mediation System

The administrative mediation system is different from the traditional administrative management activities,and more is to help the parties resolve disputes in a non-mandatory manner.The social development is changing rapidly,and different types of disputes are also increasing.In order to adapt to the diverse needs of the people for the solution,the pace of reform of the country's diversified dispute resolution mechanism is also accelerating.To make full use of the synergy of different solutions,we must ensure that all components are well developed.Compared with litigation,administrative reconsideration,and people's mediation,there are no specific laws or administrative regulations for administrative mediation.The legislation of the administrative mediation system is currently mainly at the stage of local exploration.For example,Shenzhen,Beijing,Wuhan and other places have successively issued local government regulations or local normative documents for administrative mediation.However,issues concerning the scope of application,organization construction,procedures,and the effectiveness of administrative mediation agreements have not yet formed a relatively complete system design.The lack of legislation will seriously affect the operational effectiveness of administrative mediation methods.The enthusiasm will be affected as a result,and further improvement of the administrative mediation system is the general trend.Administrative mediation is of great significance.First of all,it defines the nature of administrative mediation,and argues that it belongs to administrative facts according to the administrative nature of administrative mediation,the inability to produce,change and eliminate legal relations,and the damage that can be caused by rights and interests.Secondly,it analyzes some limitations of other ways of solving disputes,such as litigation is limited by the scope of the case,and people's mediation focuses on disputes that parents are short.Highlight the advantages of administrative mediation in handling disputes such as traffic accident disputes and consumer disputes.Finally,from different angles,further demonstrate the practical significance of the administrative mediation system.For the parties,the disputes can be professionally and efficiently resolved by the corresponding competent authorities,and their different choices for the relief methods can be satisfied.At the same time,the administrative agencies are always in place.In the first line of administrative mediation,we can continuously explore and feedback reasonable rules based on practical experience,so that relevant systems can be improved day by day;the administrative mediation system is more in line with the trend of national governance modernization.The status quo of the administrative mediation system should be clarified.First,it introduces the provisions on administrative mediation at the national level,mainly including policy-oriented documents and relevant norms in the field of departmental law.Secondly,it focuses on the legislative texts of administrative mediation in relatively representative places such as provincial,special economic zones and provincial capitals.It mainly covers the composition of the main body,the scope of application,the procedural requirements,and the content and effectiveness of administrative mediation agreements.Aspects.Finally,the problems of the administrative mediation system are summarized.First,the management system of the administrative mediation body is still not perfect.Second,the scope of application of administrative mediation is vague.Third,the relevant procedures are still incomplete.Fourth,the construction of the administrative mediation platform of the grassroots government is insufficient.It is the validity of the administrative mediation agreement.As far as the specific countermeasures for improving the administrative mediation system are concerned,since the relevant provisions at the national level are relatively abstract and fragmented,and some are only specific to specific fields,this paper is mainly based on local legislation,based on theoretical analysis and combined with practice in practice.Advice on innovative approaches to mediation,with a view to the full play of the role of the system.First,to strengthen the management of the main body of administrative mediation,not only to identify the differences between different types of part-time mediators,but also to regulate the purchase of third-party services,scientifically set up the assessment system;second,to clarify the scope of application of administrative mediation,the administration in administrative mediation In terms of disputes,in addition to the common administrative discretion,administrative compensation,and compensation,it is also demonstrated that the factual or legal relationship is difficult to clarify,administrative agreements,non-performance of administrative duties,and mass incidents should also be included.Refine the scope of civil disputes in administrative mediation by issuing a list of administrative mediation responsibilities and issuing typical cases.It also distinguishes it from administrative reconsideration mediation and administrative adjudication mediation.The third is to improve the administrative mediation procedures,with emphasis on improving the mechanism for starting the administrative mediation mechanism and distinguishing between civil disputes and administrative disputes.The fourth is to strengthen the construction of the grassroots administrative mediation platform,relying on the diversion of the diversified solution center of the street contradictions and disputes,and the establishment of the street administrative mediation committee.The fifth is to strengthen the effectiveness of the administrative mediation agreement.In view of the fact that only some of the special legislation for administrative mediation is currently recognized,the status of its judicial confirmation mechanism is proposed,and a judicial confirmation mechanism for comprehensively promoting the administrative mediation agreement is proposed and the corresponding judicial review standards are clearly defined.