China is currently undergoing an important transition period of change and development,and while the economy is rich and people are living and working in peace and contentment,it has also brought many legal challenges.The general improvement in the quality of the population and the increase in legal awareness on the one hand reflects the progress of the rule of law in China,but on the other hand,it has also brought a sizeable litigation explosion in China.The administrative mediation system came into being as a non-litigation alternative dispute resolution mechanism,and its low cost,high efficiency and rapid mitigation of conflicts between parties have left a strong mark on the legal history of China.However,some questions have been raised about it:who should mediate in administrative mediation? What is the source of its mandate?What kind of disputes can be mediated? What should be noted in the practice of mediation? All these are the focus of debate in the academic circle.The scope of mediation,the content of mediation,and the procedures for mediation should also be known to the public.The establishment of administrative mediation requires preliminary legal publicity,and the construction of a team of professionals is also a top priority.The article discusses the theoretical meaning of the administrative mediation system,compares its unique advantages and elaborates on its practical value,in order to lay the legal basis for the need to adhere to and improve the administrative mediation system.It is easy to see that the mediation system is in line with the traditional Chinese moral concept of "peace is precious",and in modern times,under the influence of Western countries,administrative mediation has entered a new stage.service-oriented government.As China has not yet established a complete administrative mediation system,nor does it have a comprehensive set of laws and regulations.This makes the administrative mediation system difficult to operate in practice,sometimes suffering from suspicion due to the lack of legal authorization,and sometimes causing conflicts in law enforcement due to different documentary provisions,all of which reduce the credibility of administrative mediation in the minds of the public and thus counteract the administrative mediation system.The word "administrative" in administrative mediation inevitably brings up questions about the exercise of "public power",and the abuse of "public power" in mediation may have a negative impact on the construction of a service-oriented government,thus bringing about a series of problems in legislation and practice,which should be regulated through supervision.The system of administrative mediation needs to be further improved and studied,no matter how it is done,to put the power under the sun to avoid some abuses or inaction. |