The Research On Administrative Solutions Of Civil Disputes

There are a lot of solutions of civil disputes. Administrative solutions hold an important position among them, and they have important functions too. Administrative solutions are products of history. Administrative bodies can resolve civil disputes while resolving civil disputes is not the prerogative of judicial organs. Complete separation and absolute equilibrium of powers are impossible and part of the jurisdiction can be exercised by administrative bodies. The development of the society requires administrative bodies act not only as night watchmen; the rise of ADR highlights advantages of administrative solutions of civil disputes. So long as civil litigation become the most authoritative and the final legal method in resolving civil disputes, displaying the function of administrative solutions of civil disputes accords with constructing a constitutional country and a harmonious society. In China, resolving civil disputes by administrative bodies has legal basis while it is a historical tradition and the need of the society nowadays, and its function is especially significant too.According to correlative provisions of present law of China, administrative solutions of civil disputes can be classified from different angles. According to the difference of concrete methods, administrative solutions can be mainly classified into administrative mediation, administrative arbitration, administrative adjudicate. In essence, administrative mediation is one kind of civil activities, and the agreement of administrative mediation has the nature of civil contract. Any activity of administrative mediation which violates principles of voluntaries or legitimacy is wrong. In essence, the existing administrative arbitration is one kind of correlative administrative activities, and it belongs to compulsory arbitrations. Its scope is too small, and its potency is not decided. These two limit its function. In essence, administrative adjudicate is one of special administrative activities. If we didn't know this, we couldn't know how to protect parties'legitimate rights and how to unite legal system and how to make administration constitutional.Being short of fundamental research, there are many prejudices about administrative solutions of civil disputes in China's jurisprudence circle. Administrative solutions are being neglected, suspected even repelled now. In china, there are also many problems in administrative solutions of civil disputes in practice. We must fundamentally transform our understanding about administrative solutions of civil disputes, then follow principles of constitutionalism, voluntaries, prior mediation, efficiency, fairness, appropriate legal effect, resolved by judicature finally, to design administrative solutions of civil disputes of China with concrete systems in legislation, organization, responsibilities of administrative bodies, rights of parties, evidence system, procedure, relief, execution and so on.