The Disscusion Concerning The Plight And The Countermeasures Of Administrative Mediation System

The social environment is overall harmony, but there are conflicts and disputes with different extent in some range. Chinese traditional culture awareness pay much attention to peace talk, which means to use mediate ways to s resolve disputes. As dispute resolved pattern, Chief of mediation has unparalleled advantages towards administrative litigation system and other non-litigation dispute resolution mechanism. But in our current laws, regulations and administrative rules, it is relatively small, and there are only the fragmented provisions which spread among a number of administrative regulations. It is evident that it'legislation is not perfect and not uniform. Moreover, our country's provisions of the existing administrative mediation still have a lot of defects, especially for the application scope is too narrow, meanwhile, and the lack of specific mediation and administrative mediation agreement's legal effect is not recognized by the relevant departments, and so on Therefore, in China administrative mediation has considerable potential for development, and improves our legislation of the mediation of executive is the needs of our society development. This essay address the plight of administrative mediation and provide a favorable experience for improving relevant legislation by the interoperating the successful mediation of foreign administrative investigation legislative experience, such as conciliation commissioner system in France, the system of administrative mediation in Japan, conciliation mediation system in the United States, etc. At the same time, it also reviews the reality of the plight of administrative mediation, and raise a number of recommendations on improving.Giving the Chief mediation a accurate positioning; giving attention to the administrative mediation from ideas. We should make the scope of administrative mediation clear, and make part of the administrative dispute into the scope of administrative mediation. We should establish administrative mediation process scientifically for making the administrative procedures for mediation within running of scientific and reasonable framework, which avoid the arbitrary administration of the mediation. We should clear out the legal effect of administrative mediation agreement, and saving limited costs, as well as establishing administrative mediation prestige in society. We establish administrative mechanisms for mediation and other dispute resolution mechanisms could give the greatest degree relief to the dispute, and a powerful protection for social harmony.