The Research On Civil Dispute Settlement Mechanism Of The Administration

Administrative civil dispute settlement mechanism means a ruling of non-litigation dispute resolution procedures, which aim to mediation, arbitration act as an intermediary state administrative organs of civil disputes. The mechanism in line with WTO rules is the dynamics of executive power, high efficiency of direct and consultative, and it was combined with "expert" resources and power advantages. Because of high formal and legitimacy, it is considered to be the important means indispensable to resolve civil disputes. China's existing administrative civil dispute settlement mechanism has a lot of issues. In legislation, legislative theory without a complete legal system still have room to improvement. The law procedures need to improve; in the civil dispute settlement mechanism of the operation of the executive, the dispute Settlement Body has no independent legal status and lack of effective supervision. The quality of personnel belonged to dispute settlement body need to improve; in civil dispute settlement mechanism of administrative relief, it is difficult to initiate administrative because of the existence of the conflict. Administrative mechanism and the mechanism of convergence have not tight system and judicial review is not reasonable. Lead to these problems due to many reasons--including non-reciprocal rights and obligations of the social infrastructure, disparage of value of the civil dispute settlement mechanism, and the judicial shortcomings of the institutional reform. Furthermore one-sided understanding of the theory of separation of powers, civil disputes settlement mechanism Chief premature theoretical research and other social, institutional and theoretical factors play important role in it. Improving the administrative civil dispute settlement mechanism depend on changing our concepts and understanding the concept of dispute resolution to establish a diversified. Based on this concept, we should improve the legislation, built a sound legal system, strengthen the legislative entities, procedures, enhance the dispute settlement body, and rebuilt the supervision over law enforcement to improve the quality of dispute resolution, at the same time, we also have to broaden the case of administrative review of the scope of the executive and enhance the convergence of the judicial dispute settlement mechanism, and improve the system of judicial review.