Contemporary Chinese Administrative Mediation System Perfect

Administerial mediation as a means of relief, it is now played an important role in resolve disputes , but this system has all kinds of problems exist. Domestic scholars in the field of mediation has little research results, in order to made it play a greater role in resolve disputes this paper made it as a research object, in the hope to make a little contribution. In addition to this introduction, conclusion, the text is divided into three parts.The second part is of the deficiencies of Contemporary China mediation system . Over the years the mediation system have deal with a large number of disputes and safeguard the legitimate rights and interests of the parties, and promoting social harmony. However, because of economic and social development and the original mediation in the legal safeguards, scope of work, mediation procedures and working methods, such as the quality of the mediators is not high, shortage of the existing administrative mediation system can not fully meet the needs of the new situation. The major defects of the mediation system is the mediator dealt with imputes by their relations and the will of their , the quality of the mediator is not high, a strong official position, do not have a strong awareness of the law. The voluntary and legal principle is not widely observed, compulsory mediation, conciliation ultra vires and oppression of conciliation, mediation and other illegal frequent phenomenon. Mediation scope too narrow, limited to civil disputes, minor offences, ownership disputes and administrative compensation and the amount of compensation the controversial aspects. Deletion procedures led mediation Anomie, and difficult to resolve disputes, not just to achieve protection effectiveness poor, mediation without any agreement binding on the parties, resulting in a waste of administrative resources. The mediation of the existing types of legislation, missing level, the internal conflict is unavoidable, the main mediation ranging from the central to local functions basically involves mediation, legal provisions simple maneuverability is not strong.The third part is of the Countermeasures for Contemporary China's mediation system . This part combined with the situation of China proposed specific countermeasures which based on the theory analysis above .The measure improving the quality of the mediator is improve the quality of conciliation, mediation behavior norms approach is to select personnel, education and training, enhance the concept of mediation in accordance with the law; stressed that the start of mediation, conciliation and mediation process should adhere to the contents of legal, voluntary basis. Standardize administrative procedures for conciliation measures, in addition to the application, acceptance, investigation, in consultation programme, several mediation, we have also introduced prior informed that the procedures involved in, and the duration of evading provisions will be part of the administrative civil disputes, all disputes and petition the incident into mediation to broaden the scope of the mediation. Avoid conflict of laws and regulations to clear the existing norms for transfer, the terms of reference clearly the mediation, the mediation of the unified allocation of the terms of reference, modify or even formulating relevant laws and regulations to improve the mediation system is not in violation of the law Mandatory provisions, given the mediation of the civil equivalent of the validity of the contract.The major theoretical innovation of this paper may be have a systematic description and analysis to contemporary China's mediation system.and made a discussion of the mediation system deficiencies depthy. of course, this papers also have shortcomings .The drawback is lack of theory and investigation and look forward to perfect in future .