The Research Of Construction Of Our Administrative Dispute Mediation System

Our country is in the social transition, all kinds of social groups benefit pattern is changing dramatically. With the development of society and economy, and legal education popularization, legal consciousness of the masses unceasing enhancement, the ego continuously strengthen legal awareness, and the number of administrative law enforcement, wide, the legal norm, principled strong enforcement procedures flexibility, and involves the administrative relative person's legitimate rights and interests, this makes the odds of administrative dispute, contradiction. If the dispute cannot be efficiently solve, easy to cause the "Official and relationship " tension, it relates to the masses' vital interests, and related to social harmony and stability. Therefore, the settlement of administrative disputes way and methods is worth deeply research.With an increasing number of administrative dispute, the conventional method of solving administrative dispute already cannot satisfy the needs of social reality, which requires us to seek new, fast and effective way of solving administrative disputes. Mediation is both parties volunteered their delivery to the dispute between a neutral third party by neutral third party to promote, the parties reach a settlement agreement, mutual understanding and accommodation of a kind of dispute solution. Mediation is with Chinese characteristics of effective way development.therefore, it as a traditional non-legal dispute settlement mechanism has been widely used in the civil lawsuit, with easy and flexible, efficient, low-cost incomparable advantage over such decision. Mediation is not only can quickly resolve the dispute, and can make both the hatchet, accord with compatriots "harmoniousness" traditional idea, effectively maintain the lawful rights and interests of the masses.Based on the traditional administrative law idea ", "public rights shall not dispose specified:" administrative litigation law of the people's court shall not apply conciliation administrative cases. However, the author analysis the probability of trial ended from2005 to 2009 administrative cases, found the withdraw in judicial practice, take "reconciliation", "mediation" wait for means to solve administrative dispute massive existence. What is the reality of mediation action is illegal need to correct, or should improve legislation will mediation system into administrative dispute settlement mechanism? It is necessary for us to study the construction of administrative dispute mediation system.I respectively from the existing social system of mediation based, administrative law basis and reference for the related system outside demonstrated in three aspects to resolve administrative dispute mediation system application. Mediation is effective means of settling disputes, accord with Chinese traditional "XiSu"litigation culture, " no suit is to ask for" the idea, to achieve the purpose of administrative dispute resolve, improving the efficiency of lawsuit and reduce the lawsuit cost. Mediation as one way solving disputes, when compared to the sentence, it is more advantageous to realize the value of socialist harmonious society pursuit. The development trend of modern administrative discretion is the widespread of executive power, "and public rights materialized not sanctions" public rights should be "actually not any sanctions". Administrative subject in its discretion range may dispose of their rights. In practice, administrative organs in litigation outside the program to give up, change the behavior of public power to explain "exist, public rights shall not dispose" theory, the feeble.Administrative dispute solution has many kinds of ways, but the administrative disputes conciliation of administrative disputes can be divided into the administrative and judicial administrative mediation and conciliation. The administrative dispute in solving administrative mediation is referring to the administrative dispute process, specific administrative organs to voluntarily for principle, through some ways to make both parties friendly negotiations, reach agreement, so as to solve administrative dispute activities, including administrative reconsideration mediation and complaint in the process of conciliation, due to appeal in administrative review mediation system has legalised, but there are still some shortcomings, remained to be improved. About how to construct the system of administrative disputes conciliation of administrative disputes, I from perfect administrative mediation, and create administrative judicial mediation two put forward a series of measures.