On The Construction Of The Settlement System

As a kind of disputing resolution style, the administrative reconciliation is more and more important in modern society. The administrative reconciliation system is adopted in foreign countries and regions in varying degrees. In our country, many phenomena of reconciliation are existed in practice, but it is not admitted in the legislation. The administrative reconciliation system is hard to play a role, because the legislation is disjointed of practice.This thesis focuses on the construction of the administrative reconciliation system. The basic view is that the construction of the administrative reconciliation should be suitable for our country on the basis of foreign system, and then, to provide some certain references for our country's administrative law of reforming.The first part of this paper is an outline of the administrative reconciliation system. It mainly relates to the concept, the legal nature, features, theoretical foundation and legal basis of the administrative reconciliation system. The concept of the administrative reconciliation system in this paper is a general concept, including reconciliation of administrative management, administrative reconsideration, administrative litigation settlement and executive reconciliation. It has a double character of the administrative act and public contract, and its subject is unique; its dispute is particularity; its content is legitimacy; its theoretical foundation is deliberative democracy theories, public participation theory and the equilibrium theory of administrative law; its foundation of law is the concept of the rule of law and the principle of good faith. In second part of the paper, the emphasis is the foreign administrative reconciliation system and the significance for our country. On the basis of the administrative reconciliation system in Germany, Taiwan and the United States, we analyzes two reconciliation systems both differences and similarities. And then, to construct our country's administrative reconciliation system, we must ensure justice; reduce the burden of the court and regard the reconciliation as the major way of administrative dispute settlement mechanism. The third part is the key point of the article. It focuses on the construction of administrative reconciliation system. After analyzing the necessity and feasibility of constructing the administrative reconciliation system, we come up with the process specification of administrative reconciliation system. This article mainly discusses from the principle of the system, scope, restricted condition, operating procedures, supervision and remedy of administrative reconciliation system, etc.