Under The Rule Of The Administrative Mediation System Vision Positioning And Value Analysis

In building a harmonious socialist society, the administrative mediation system under the background as a kind of to administrative organs as the main body to settle disputes administrative, civil disputes, an effective measures has an important role that cannot replace. Along with the social transformation, social disputes, and increasingly complex factors such as the arrival of litigation climax, flexible and effective administrative mediation system has strong demand. However, our administrative mediation system whether in theory or there are on the legislation large defect sex and lag. Needs to be further from the theoretical and practical, from the macroscopic and microscopic certain depth on the exploration and consideration.This article from the perspective of jurisprudence study of administrative mediation system tried to administrative mediation system from the evolution, the present situation, the theoretical basis, the value of the four aspects of screen and characterization, and puts forward some legal conception. This includes four parts, the first part is the concept of administrative mediation system analysis and development background, which is divided into three elaborated, namely:the connotation of administrative mediation analytical; our administrative mediation system history development; the development of the system of administrative mediation abroad with reference. Part two of this article analyzes the present situation of administrative mediation system and legal basis. Divide into two elaborated:from the legislation present situation and operation situation of administrative mediation system present situation analysis; The administrative mediation system from the theoretical basis, and other administrative system comparisons, "trinity" big mediation system of the administrative mediation these three aspects to discuss its legal basis. This is the third part of administrative mediation system, but also the value analysis method, this paper focuses on the content includes three aspects, the first hand for:harmonic of social contradictions, and achieve high efficiency and administrative management purpose, from the remodeling order the contradictions and improve concept administrative efficiency, save administrative cost two Angle to discuss; The second aspect for:coordinating interest conflict, seek the dynamic balance of multiple interests, from the current interest coordination demand and the superiority of the administrative mediation coordinate interest from two angles to discuss; The third aspects as: transformation of government functions, shaping the responsibility of the government image, the force from law changes and the transition of government function and improve management way to portray the responsibility of the government image discusses two angles. The fourth part is to perfect the administrative mediation system legal conception, this part of the thinking is according to the general legislation as the foundation, and then based on two different types of administrative mediation, respectively, namely:legislative proposals to establish general administrative mediation of administrative legal norms, perfect the mediation process to solve specific disputes, set the perfect administrative mediation.In 2010, the state council issued the October on accelerating the construction of government by law expressly puts forward Suggestions on the contradictions disputes with according to law. Points out that setting up a sound social disputes conciliation ruling system, first clear offered to grasp establishment administrative mediation system and mechanism, a scientific definition, regulating the administrative mediation range administrative mediation behavior, clear the legal effect of the administrative mediation agreement to effectively play administrative organs mediation of civil disputes role. From the above we can see that the government has been paying attention to the construction of the administrative mediation system, this system has relatively broad application prospect of administrative mediation system, believe that will not only to the development of our society and stable, and it has the positive significance to solve social disputes have made outstanding contributions. This paper in order to offer the development of the system of administrative mediation bit.