Research On The Application Of ADR In Administrative Dispute Resolution Mechanics In China

By using ADR, which is consensual, flexibility, efficiency and unconfrontational, disputes can be resolved pecefully through communication and consultation between the parties. It can also overcome lots of defects of the judicial procedure. ADR produced in the field of civil law, and has been accepted and used widely. With the development, ADR has been spread to the area of administrative law, and encouraged greatly in other countries and regions. However, ADR hasn't been valued for the administrative law in China because of some thoughts, for example, the strict distinction between public and private law,'public power of the administrative authorities can not be dealt with'etc. In today's society, it's necessary to build a pluralistic dispute settlement mechanism, which is supported by the judicial procedure and supplemented by ADR. In the field of administrative law, neither should we ignored the new features of administrative disputes and the defects of the existing administrative litigation, nor we neglect the ADR has been applied in practice when some administrative disputes are settled. In the world, a considerable number of countries and regions have set up the relevant legislation and institutions for the operation of ADR. And it has been proved that ADR is playing a great role in resolving administrative disputes. As a result, ADR used in the administrative law will make up those defects of administrative litigation, and provide more choices to the citizens in the process of being relieved.The paper is divided into six parts. The first part is an introduction to explain the significance, the status and the methods of the research. The second part focuses on the basic theory of the ADR. So we can learn the advantages of ADR. The third part concers with the feasibility and necessity of ADR being used in the administrative law. Not only the new thoughts allow ADR into the area of administrative law, but also our traditional culture is suitable for its existence and development. As well, ADR is needed urgent by our reality to optimize the administrative dispute settlement mechanism. In the fourth part, the comparative method is used to explore the related systems of other countries and regions in order to get some successful experience. The fifth part is about the improvement or design of ADR used in the administrative dispute settlement on the basic of the existing system in China. I also look forward to applying ADR to the whole administrative process, so administrative disputes will be reduced because of early prevention. And the last part is the conclusion of the research.