Research On Chinese Administrative ADR Related Problems

Chinese society is in transition, homogeneity, all kinds of disputes is multifarious, it makes the simplification in litigation dispute resolution mechanism is not already to satisfy the needs of society comprehensively, its inner disadvantages are also increasingly. Build alternative dispute resolution mechanism is the international practices and the inevitable choice of China. The administrative ADR procedure is low cost, convenient, great flexibility in the manner, tend to advantages and avoid disadvantages, can maximum save the cost of social and litigant in the dispute resolution, which realizes judicial resources and benefit maximization. Administrative ADR has a unique professional advantage, administrative departments may gradually accumulate experience through the settlement of the dispute, so as to promote the formation of the new standard, not only can provide remedy after the event, but also effectively prevent the similar problems. To administrative organs, through dialogue and consultation in the way of administrative decision based on consensus is easier to implement. Administrative ADR use the greenest and relative calm way to resolve the disputes, the pursuit of substantial justice, can form an important supplement of rule by law, and to maintain the harmony and stability of the social order.But currently China administrative ADR is low institutionalized and low standardized, did not play its proper role in practice. The operation of administrative ADR also exist a series of problems in our country. Based on these problems are discussed, and through draw lessons from the construction of external administrative ADR of successful experience, more in-depth research on administrative ADR, put forward to correctly handle the relationship between efficiency and fairness, establish proper supervision mechanism and the information openness system, through the legislative procedure to confirm legitimacy, and improve the corresponding guiding principles and rules of procedure, through the system to eliminate administrative public interests conflict with administrative ADR, realizing renew the mode of the administrative ADR. In perfect path, I put forward some new ideas and innovation design of some system, provide a systematic theory basis for the institutionalized and standardized development of administrative ADR, so as to better adapt to the realistic need of legal system construction and disputes resolution in our country, and more substantial to solve multiple disputes.