The Convergence Of Systems Research Of The Administrative Dispute Resolution Mechanism

At present,China is a special period of historical transformation,the diversification of social will lead to the diversification of interests,structure of social changes from the unitary to the diversification of structural,civil rights consciousness and democratic consciousness enhanced gradually.So the community has been showing problems:First, increasingly complex and diverse forms of disputes and the increasing number of judicial proceedings;Second, the relative decline of traditional dispute resolution methods,Social governance and dispute settlement of the natural balance appear discord,difficulties of Judicial proceedings and social conflict accumulate,indicates that social governance will be reform and innovation and improvement.Meanwhile, in various countries and regions,based on lessons learned in the reflection of social governance in the society ruled by law,various non-litigation dispute resolution mechanism has become a new mode of governance of contemporary society.Many countries and regions in the context of Society ruled by law,has begun to anchore diversify dispute resolution mechanism to make a judicial system reform and reconstruction of legal culture;Theoretical study was designed to resolve disputes concerning the the perspective of facts and social practice and experience empirical research methods,subject to the profound impact of law.Therefore,based on rule of law and the development of social governance reality and future considerations,In the background of a socialist harmonious society,to the administrative dispute resolution mechanism as the focus based on "Multipartite mediation"mechanism,research the diversified theory of dispute resolution mechanism,on the significance of building a socialist harmonious society,and executive feasibility and necessity of constructing dispute resolution mechanism,and made a number of building "multipartite mediation"mechanism as the basis of convergence of systems of administrative dispute resolution mechanism,specifically including the following three parts:The first part, the current background of a harmonious socialist society and the significance of the diversified of current social governance mechanism to resolve disputes building a socialist harmonious society is analyzed.First, in the elaborate theory of a harmonious society, focus its meaning for the resolution of legal;Secondly, from the two levels of theory and social practice requires,analyzes the significance.of dispute resolution mechanisms of diversification of building a socialist harmonious society.The second part,from the theoretical and practical aspects,analyzes the feasibility and necessity Of construction dispute resolution mechanism of the executive authorities. First, in the theoretical justification and the actual practice of social governance,there is a dispute resolution mechanism of the executive authorities to determine the value of the plight of challenge and choice.Secondly, post-thinking of he modern developments in administrative law and the "consensus model" ADR-depth essential characteristics characteristics. We can draw the feasibility and necessity of establishing the executive dispute resolution mechanisms.The third part,based on the rationalization of existing administrative authority system and the relationship between its dispute resolution mechanism, stressed that "multipartite mediation"mechanism as the basis of building a mutual coordination and convergence of diversified executive dispute resolution mechanism currently. First,to clarify the relationship between dispute settlement mechanism and the executive authorities,paving the way for the system innovation and convergence.Second, in the full of introduction theory and practice of "multipartite mediation"mechanism and the premise of reality,designed a specific for the convergence of systems of administrative dispute resolution mechanism hiding under the "multipartite mediation"mechanism,but also for the surrounding radiation mechanisms research.