The Integration Research Of The Administrative Dispute Resolution Institution

The development of human society and the reality shows that the disputes always exist; therefore, the corresponding resolution mechanism is needed. In modern society, the disputes become more diverse, the lawsuit dispute resolution mechanism can not meet the clients'requirement of the effectiveness and the result. So the alternative dispute resolution mechanism comes into being. Arbitration, people's mediation, administrative mediation and conciliation are the popular choices for the people to resolve the disputes. The dispute resolution mechanism is well accepted by the nations, society and clients because of their unique advantages. In our country, the dispute resolution system of the administrative organ compromises administrative mediation, administrative adjudication, administrative arbitration, administrative reconsideration, petitions and coordination and so on, because some specific systems are not perfect and some of them are separated from each other or messed up with each other, the advantages of them are not fully displayed. In the epoch when the social disputes are becoming more and more complicated and new disputes are emerging, at the same time, the theme of the times is "to build a harmonious society", the main problem is how to maximize the functions of the administrative dispute resolution mechanism through reasonable arrangement of the system.Nowadays, theorists'research on the administrative dispute resolution mechanism is based on the specific systems, but the relationship between the specific systems is rarely referred. To fully display the functions of resolving disputes and stabilizing the society of the administrative dispute resolution mechanism and to integrate the existing dispute resolution system to make them a correlated and complementary system are the important links, they are also the points this paper will discuss.Based on the general theories of the administrative dispute resolution mechanism, this paper discusses the existence and the functions of the administrative dispute resolution mechanism and the necessity of the convention of the administration's function from the public management to the arbitration through the illustration of the formation, characteristics, advantages and functions of the administrative dispute resolution mechanism. On the ground of the classification of the relative dispute resolution systems of our country's administrative organs and the referring to the relative foreign institutions, I put forward some suggestions from the aspects of the entity and procedure of our country's integration of the administrative dispute resolution mechanism:first, from the entity aspect, we should a dispute resolution system that employs the administrative mediation as the pre-built procedure, the administrative adjudication and administrative review as the main line and the administrative petition as the supplementation; second, from the procedure aspect, we should make specific rules according to the characteristics of specific systems under the premise of the basic principles and rules. Regarding the specific systems as a whole, and thus integrating all the systems to make them a coordinated and complete system is essential to the perfection and the full display of the administrative dispute resolution mechanism. The perfection of the administrative dispute resolution mechanism is a systemic project. At the present stage, all we should do is to carry forward this system step by step, gradually make it a system "to resolve the disputes" and fully display its functions while take into consideration of the existing institutional framework and people's habit of resolving the disputes. I hope this paper will be of some help to the integration and the operation of the administrative dispute resolution mechanism in spite of the possible demerits existing in it.