The Research On Administrative Mediation

The construction of the administrative mediation system has a very important significance in our country, which adapted to construct the multiplex dispute resolution mechanism needs and to agree with the construction of socialist harmonious society's request. At present, the administrative mediation system in many areas still plays a key role, such as the industry and commerce administrative mediation, public security traffic administrative mediation, and so on. However, administrative mediation system has many defects in legislation and practice, which greatly restricted the administrative mediation system in diversified dispute resolution mechanism. In order to resolve the difficulties of administrative mediation system in practice, make the system become the important one annulus of the dispute settlement mechanism, the paper is based on administrative mediation system as the research content. The paper uses a series of methods, such as historical analysis, value analysis and comparison analysis and other methods to make the research clear. The whole paper contains four parts:an overview of the administrative mediation system; the introduction of foreign legislations and practices in administrative mediation area and foreign fiction on our reference; the present situation and the existence question of the administrative mediation system in our country; the suggestion of perfecting the administrative mediation system. The four aspects discuss and analyze the administrative mediation system clearly; the results of the research are the suggestions for perfecting our country's administrative mediation system, below will provide details:The first part:an overview of the administrative mediation system. First of all, the introduction of administrative mediation system definition:firstly, introducing the definition of administrative mediation system; secondly, analyzing the nature of administrative mediation system; thirdly, analyzed the features of administrative mediation system in many aspects. Secondly, the paper compares the administrative mediation system with the related concepts, introducing the people's mediation system, judicial mediation system, administrative litigation, mediation and other dispute resolution mechanism. At last, this paper introduces the basic theory of administrative mediation system in three methods, such as the historical basis, the theoretical basis and the value foundation.The second part:the introduction of foreign legislations and practices in administrative mediation area and foreign fiction on our reference. This part contains the following:the federal mediation conciliation innings of mediation system in the USA; administrative mediation commissioner system in France; the public nuisance mediation committee system in Japan; the administrative mediation system in Australia. Basing on the above mentioned foreign administrative mediation system, we can expound, analyze and find worthy experiences to perfect our country's administrative mediation system.The third part:the present situation and the existence question of the administrative mediation system in our country. Firstly, analyze the current legislation and practice of the administrative mediation system of our country detailed, so as to provide a base for further research. Secondly, based on the above research, this paper introduces the classification of Chinese administrative mediation system. Finally, introduce the defects of the system of administrative mediation in our country and then analyze the reason for the defects, so as to make a foundation for the following research. The fourth part:the suggestions of perfecting our country's administrative mediation system. First of all, this paper discusses how to perfect the administrative mediation system in its inner mechanism, including the following aspects: one is the optimizing of the organization of the administrative mediation; the other is the enhancement of the synthesis quality of the workers. Secondly, this paper discusses how to improve administrative mediation system in the area of external legal system, containing the below three parts:firstly, formulating unified administrative mediation local regulations; secondly, expanding the scope of accepting cases of administrative mediation system with limits; thirdly, establishing and perfecting the administrative mediation system procedural rules. At last, this paper discusses how to improve the operating mechanism of the administrative mediation system in two aspects: firstly, the definition of the administrative mediation agreement efficacy; secondly, the perfection of the surveillance and relief of the administrative mediation system.