A Study On The Perfection Of Administrative Mediation System Of Civil Disputes In China

In China,the mediation of civil disputes by administrative agencies has a long historical tradition and strong practical needs.The administrative mediation,which can discover disputes in advance and resolve them professionally,performs administrative functions directly on the one hand;on the other hand,it is also an effective way for the government to transform its governance concepts and build a service-oriented government,meanwhile,it has a particularly significant position and function for the dispute resolution and maintenance of social stability.However,as there is no unified and specialized standard for the administrative mediation,in practice,the administrative mediation mechanism of civil disputes in different departments and localities is different,the development is extremely uneven and there is a state of disarray in the rules and regulations.Consequently,it has seriously discouraged the full use of the administrative mediation.Therefore,it is necessary to construct a civil dispute administrative mediation system and formulate a unified administrative mediation law.Since the national-level regulations are abstract,decentralized and only restricted to specific areas,this article offers some suggestions for improvement from the principles,subjects,scope,procedures,effectiveness,and convergence of administrative mediation with other mediation mechanisms by combing through and comparing the related local systems in combination with the actual operational aspects.Firstly,optimize the principles of mediation.The principle of confidentiality and initiative should be introduced to ensure that the mediation information is not leaked and the merits of the initiative of administrative organs are fully utilized,so as to improve the success rate of mediation and the initiative of administrative organs.Secondly,determine the subject of administrative mediation.Through the establishment of a special mediation center,the third-party mediation organizations can be introduced to fulfill the functions of administrative mediation better.Thirdly,define the scope of administrative mediation in resolving civil disputes.In view of the limited and professional nature of administrative resources,the scope of mediation should not be too broad,and should be limited to the scope of civil disputes which are directly related to the administrative management duties.Fourthly,improve administrative mediation procedures.By improving the initiation mechanism,clarifying the deadlines for acceptance and mediation and limiting the number of mediation,the standardization of mediation procedures can be ensured.Fifthly,clarify the effectiveness of administrative mediation agreements.By empowering administrative mediation agreements with enforceability,the awards of administrative mediation can be protected.And through supervision by means of judicial review,the parties’ right of relief can be guaranteed.Lastly,strengthen the connection with other mediation mechanisms.By clarifying the positions of the three major mediation mechanisms and refining the connection process,the smooth operation of the mediation system can be ensured.