On Possibility Of Our Country's Administrative Reconsider Mediation

The administration reconsider is an action which the administration reconsider institutions exam the applied concrete administrative actions legality and suitability according to the legal procedure brought out by the applicant's application, and make a reconsidering decision. This system is a legal system which settles the disputation in the administration system interior. Our country's administrative theory's mainstream against to use mediation in administration reconsidering, while its theory basis is in the traditional administrative power idea, the administrative power is a kind of executive power ,and the public power can not be divided. But in the reality, our country's local governments have already trying mediation in the administration reconsider. The old theory which does not permitting mediation is not fit to "the service and the cooperation" idea, and the contradictions and the malpractices reveal day by day. Under the new situation, the new 2005 administrative procedural law draft added mediation item, but the administrative reconsidering law partial stipulations still were at the lag condition actually. This article bases on the practice, whether reconsiders in view of the administration is suitable mediates, has made the thorough analysis from the theory and the actual operation feasible aspect, and from this basement, presents several constructive comment on how to construct the mediation system.This article is divided into four chapters. The first chapter locates the nature and the goal of our country's administration reconsiders, and make an introduction and comments on the current solving way. Essentially Our country's administration reconsider system is a special administrate action which carries an judgment on concrete administrative action's validity and rationality, its basic goal is to protect the citizen, the legal person or other organizations' legitimate rights and interests. But our country's current administration reconsidering system's correlating stipulation are very much lag to the present, that limited the administration function's displaying in a certain degree.The second chapter introduces the mediation system's development and origin, its characteristic and the value orientation, the applications in overseas administrative domain and current utilizations in our country's administration procedure, and carries on a narration to the domestic and foreign administrative procedure in using the mediation. The mediation, as one kind of dispute solving method, has nimbly, highly...