Research On Administrative Mediation Under The Background Of Multiple Dispute Resolution

In recent years,with the rapid development of politics and economy,social contradictions are increasing day by day.Under the influence of the deepening reform of the rule of law,the people pay attention to the use of legal weapons to solve disputes.However,from a practical point of view,the settlement of disputes through judicial judgment may only stay in the superficial nature of the solution,while ignoring the factors of social disharmony,which can not really solve contradictions and disputes,Civil disputes may also lead to criminal disputes.In the period of social transformation,it is an important factor to realize emotional harmony while paying attention to dispute resolution.Since the 18th National Congress of the Communist Party of China,the Party Central Committee has paid attention to the construction of a diversified dispute resolution mechanism.In terms of the diversification of dispute resolution,it is difficult for people’s mediation and judicial judgment to meet this demand.Administrative mediation can give full play to the professional and authoritative advantages of administrative mediation,eliminate the bad emotions of the parties,and promote the rapid development of social harmony and stability.The regional governments are also actively promoting the administrative mediation work.It is the general trend to promote the development of administrative mediation in the context of diversified disputes.Administrative mediation is of great significance.Starting from the overview of administrative mediation,including the connotation of administrative mediation,the historical process of administrative mediation from ancient times to revolutionary period and then to modernization.Under the background of multi dispute resolution mechanism,this paper briefly introduces the concept and basic methods of multi dispute resolution mechanism.The core of multi dispute resolution mechanism is mediation.The purpose of mediation is to eliminate contradictions and hidden dangers,resolve emotional disputes,and avoid civil disputes evolving into criminal disputes.In the context of the development of service-oriented government,administrative mediation is an important part of diversified dispute resolution mechanism.Administrative mediation has been actively promoted in various regions,but there are also operational difficulties in practice.Zhejiang Province,Jiangxi Province and Shandong Province actively promote the development of administrative mediation,so that administrative mediation plays an important role of command and supervision in the diversified dispute resolution mechanism,and provides an important guarantee for social harmony and stability in China.However,there are many legal documents of various administrative dispute resolution and mediation mechanisms in China.Among the many scattered legal documents,the legal provisions on administrative mediation can not be fully skillfully operated.If we want to improve the current administrative mediation system,we need to analyze the specific implementation of administrative mediation in practice.First,the subject of administrative mediation is not clear.The jurisdiction of the administrative subject is not clear,and some administrative mediation agencies do not have special mediators,which leads to the highly professional disputes can not be effectively solved.Whether the subject of administrative mediation is limited to administrative organs has different restrictions in legal documents of different regions.Second,the administrative mediation procedure is not perfect.Although the administrative organ has a high flexibility in resolving disputes,it can not be too arbitrary in the legal blank matters.To protect the interests of the parties,we need to maintain the authority of administrative mediation in the eyes of the people through legal procedures.Third,different understanding of the scope of administrative mediation.The scope of administrative mediation shall be determined according to the actual situation of the region.Some people think that it only applies to civil disputes;Some think it can be applied to civil disputes and administrative disputes;Some people think that even the application of civil disputes can only be closely related to administrative management,there is no consistent understanding.Fourth,the effectiveness of administrative mediation agreement is vague.Some people think it is not legally binding;Some people suggest that the administrative mediation agreement has the same effect as the contract;Some people also suggest that the effectiveness of the agreement reached by the general civil mediation is lower than that of the administrative mediation agreement.Without a clear and unified system guarantee,it is easy to lead to the vacancy of administrative mediation and the waste of resources.Combing the foreign administrative mediation system.Through the objective analysis of the development direction of foreign administrative mediation,we can provide reference for the construction of administrative mediation system in China.Developed countries such as the United States and Japan play a high degree of specialization.Through communication,the results of mediation are highly recognized by the public,and lay a solid mass foundation for the development of administrative mediation system.In order to ensure the efficiency and quality of administrative mediation,improve the professional ethics of mediators,and ensure the smooth settlement of disputes.Of course,while actively promoting the administrative mediation work,we should strengthen the responsibility system of mediators.In order to ensure that mediators perform their mediation duties and exercise their mediation powers in accordance with the law,we should clearly specify the responsibilities and powers of mediators,and formulate corresponding legal consequences for illegal acts in the mediation process.We should construct the administrative mediation system which is suitable for the diversified solution of disputes.First,improve the administrative mediation system.In the long run,to build a harmonious and unified administrative mediation system,we should formulate a unified law.From the current point of view,although the specific implementation rules are formulated by the local government according to the actual situation,the central government can coordinate and regulate the administrative mediation work of the local government through policies,regulations and other means.Second,we can optimize the subject of administrative mediation by purchasing third-party services,refining full-time mediators,and inviting influential mediators to participate in administrative mediation.The third is to clarify the scope of application of administrative mediation by clarifying the scope of application of administrative mediation in civil disputes,so as to facilitate the parties to choose the most suitable dispute resolution method for their own needs.The fourth is to perfect the procedure of administrative mediation by refining the principle of non disclosure of civil disputes and improving the starting mechanism of administrative mediation,so that the parties can balance their interests through the protection of the procedure.Fifthly,we should strengthen the effectiveness of the administrative mediation agreement by promoting the judicial confirmation of the administrative mediation agreement and clarifying the judicial review standard of the court.