Research On The Administrative Reconsideration Mediation System

The application of the administrative reconsideration mediation system in quasi-judicial practice is in full swing,and the big data of reconsideration mediation not only highlights the advantages of reconsideration mediation as a procedure for resolving administrative disputes,but also has obvious contributions to the substantive resolution of administrative disputes.In order to implement the realization of the main channel goal of administrative reconsideration,further play the function of mediation to substantively resolve disputes,respond to the requirements of the "Fengqiao Experience" in the new era,and deal with the contradiction between administrative limitation and respect for the results of reconsideration mediation,this paper studies the system in four parts.Chapter 1 is an overview of the administrative reconsideration mediation system,mainly involving the basic theories closely related to the system,and sorting out the historical evolution of the reconsideration mediation system from the perspective of legislative history.The above two basic contents pave the way for studying the operation status of the reconsideration mediation system.Chapter II examines the operation status and problems of the administrative reconsideration mediation system,and conducts empirical investigation from the five aspects of the reconsideration mediation system: principles,scope of application,procedural provisions,supervision and judicial remedies,and finds that there are problems such as unclear and incomplete provisions on the application principles,too general scope of application,lack of relevant procedural provisions,need to optimize the supervision mechanism,and unsmooth channels for judicial remedies.Chapter III is a comparative observation of extraterritorial experience,"The stone of his mountain can attack jade." This chapter examines the legislative examples and operations of the mediation system of American administrative law judges,the British statutory tribunal system,the French mediation commissioner system,and the German petition system by taking the correlation degree of institutional function as the dimension of the research sample,in order to provide practical suggestions for improving China’s reconsideration mediation system.Chapter IV is the path to improve the administrative reconsideration and mediation system,and this chapter explores the path of improving the problems examined from the current operation situation.It mainly includes five aspects: first,clarify the connotation of the principle of legality and voluntariness,and add principles that meet practical needs,such as "the principle of fairness,impartiality and openness","the principle of efficiency" and "the principle of not affecting the parties’ right to sue",so as to achieve the purpose of optimizing the basic principle system of reconsideration and mediation;The second is to modify the scope of application of reconsideration mediation,expand the scope of reconsideration mediation and propose the types of cases that are not applicable to reconsideration mediation;The third is to put forward suggestions for unifying the procedural norms of reconsideration and mediation;Fourth,start from the design of relevant systems for administrative internal supervision and procuratorial supervision,and deepen the supervision mechanism of reconsideration and mediation;Fifth,from the perspective of the needs of the parties,the necessity and feasibility of unblocking channels for judicial remedies for reconsideration and mediation are demonstrated.