Research On The Mediation System Of Administrative Remedies

As a modern legal system, administrative remedies system is an important indicator of a country's democracy and the rule of law. Established scientific and reasonable administrative dispute resolution mechanisms can better address the promotion of disputes, safeguard the legitimate rights and interests of the relatives , promote administration according to law and accelerate the building of a harmonious socialist society. China's administrative system has a late start. However, with a continuous development and improvement, China's administrative remedies" has been with a diverse types trend, based on the Code of the trend, scope be expensed trend and standards be rationalized trend ". At present, the main types of China's administrative remedies system are administrative reconsideration, administrative proceedings, the executive compensation and executive compensation. To start the discussion, this paper focuses on the four types of administrative remedies as the main line.As the "Oriental Experience", mediation has been a long history and has played an important role in China's dispute settlement mechanism. Mediation also apply to the executive compensation and executive compensation disputes settlement process in the administrative system. However, there are significant limitations in the mediation applications of other types of administrative remedies: Based on the traditional relief of "public power can not be punished", mediation is excluded in administrative proceedings; The mediation system has been introduced to administrative reconsideration in 2007, but there are insufficiencies in such as the scope of the mediation, mediation procedures and to the supervision of the relief issues etc. The building of the harmonious socialist society is in urgent need for the introduction of administrative remedies and improving the mediation system.In the first, this paper will lead to the numerous application of mediation in current administrative adjudication by a typical case in administrative trial. At the same time of analyzing the basic application scope of mediation in current administrative remedies, this paper will define the nature of the mediation in administrative remedies. Mediation is limited to the scope of the mediation process of administrative remedies, but its not only contains the contents of court mediation. It also contains the contents of the administrative mediation. It is the prominent characteristic different from other forms of mediation.At the same time, in comparison with the traditional concepts, this article analysis the theoretical basis and practical basis through introducing the application of the historical background of mediation. The basics mainly include: with the development of modern executive power, the theory of administrative co-operation made the traditional relief of "public power can not be punished" can not fully applied; With the advancement of practice, the Implementing Acts of Administrative Reconsideration Law begins to introduce mediation into administrative reconsideration, which become the legal basis; the development of diverse dispute settlement mechanism's calling for mediation system becomes the reality basis.Secondly, the articles selected some abroad countries and regions which has successfully constructed application of mediation for the administrative remedies to study, such as the mediation of the court system in the United States, Germany's system of administrative litigation settlement, the French Commissioner for administrative mediation and the system of administrative litigation in Japan. The articles will sum up the benefit of administrative remedies to the mediation system in our country perfect enlightenment on the base of learning.Finally, the articles focus on two main types--administrative remedies in administrative proceedings and administrative review, analyzing the main problems in China mediation system of administrative remedies, Such as the absence of mediation in the administrative proceedings system, the narrow scope of mediation system in administrative reconsideration system. At last, the articles proposed thinking of our country's mediation system of administrative remedies system in the foundation of anglicizing the system's questions.