Explores The Administrative Reconsideration Mediation And Reconciliation System

The administrative reconsideration whether can mediate and reconciliation always controversial, against the mediation and reconciliation system applies to resolve administrative dispute view once dominated become the mainstream in 2007, the implementation of the regulations on administrative reconsideration of administrative regulations, the administrative reconsideration mediation form affirmation and responded to establish a diversified administrative dispute resolution mechanism of practical needs, to a certain extent in the practice and system to solve the contradiction between the supply. Chinese lawmakers mediation and reconciliation for solving administrative disputes by negative attitude is to have the certain conditions, it reflects the development of theory, the legislative, executive, and judicial organs and administrative mediation in solving dispute settlement understanding and system function of reconstruction. This system can spy to change the development trend of administrative law and administrative concept of new demand to judicial practice. This paper attempts to start from the concept, in combination with the administrative reconsideration mediation and settlement of the traditional theory of evolution and legislation in China, the current administrative laws interpretation, and on the basis of analyzing the administrative reconsideration apply conciliation and reconciliation system of theoretical and practical basis, At the same time, through to Germany, Japan, France, Hong Kong and other countries or regions, in order to arouse transverse comparison study of the system of further discussion.This part of the three administrative lawsuit reconsideration mediation and reconciliation system were discussed. The first chapter respectively from the administrative reconsideration and the connotation of mediation, reconciliation, explains the meaning and analyzes its nature, distinction mediation and reconciliation between two concepts. With the settlement of mediation of dispute solution in the administrative system of the applicable legislation evolution history, comb analysis on the legislature, the attitude of traditional administrative changes sublation theory induction; On the other hand, the analysis of the administrative reconsideration apply conciliation and reconciliation system, combining the significance and role of this attitude change for its theoretical basis, the analysis of the administrative system of the concept behind appear. Thus it mediation and settlement system in the settlement of disputes shall get the administrative more attention.The second chapter from theory analysis and empirical this two angles and deeper discussion on administrative reconsideration, the paper applies the theory foundation and reconciliation mediation, including administrative law theory appeared to form unilateral emphasis on form and substance, rule of law to the active negative administration, administrative changes between public law and private law, administrative relative Chinese characteristics, diversified dispute resolution mechanism, the construction of a harmonious society and post-modern theoretical development perspectives of administrative era in theoretical analysis, and further to hinder the administrative disputes conciliation and reconciliation system for the traditional theory of administrative law. On the other hand, through empirical analysis is introduced in the administrative reconsideration mediation and reconciliation, widespread practice of practical experience is revoked by the original reconsideration application practice in the way of the reconsideration mediation and reconciliation; While parts of legislation and normative documents to be recognized reconsideration mediation and reconciliation system pioneers, Administrative proceedings in the theoretical research, based on relatively more fully the administrative reconsideration quasi-judicial properties of administrative litigation, the reference to the obvious, In addition, the administrative reconsideration of informal hearings and administrative discretion of existence for reconsideration of apply conciliation and reconciliation system provides the basis.The third chapter from the Angle of comparative study was introduced in Taiwan, Germany, France, Hong Kong administrative reconsideration mediation and reconciliation system, according to our country's legislation, administrative reconsideration mediation and practical analysis of the scope of reconciliation. This paper claims from experience, perfecting administrative reconsideration of mediation and reconciliation. Through the comparative analysis, the reconsideration mediation and reconciliation scope in China can be divided into three categories, according to using tendency of administrative discretion to administrative behavior, Germany and Taiwan will determine the scope of legal truth cannot be ascertained in the circumstances, France and Hong Kong region tend to open the applicable scope. These foreign legislation practice for our constantly perfect the reconsideration mediation and reconciliation system provides many experience.