Study On The Administrative Reconciliation System

With the expansion and complexity of the administrative field, disputes the main interests of the needs of increasingly diverse, asking people to discover and create new, more effective administrative dispute resolution. Relative as the administrative body and the executive, the Chief reconciliation through communication, consultation and the formation of desirable, and thus a way to resolve administrative disputes, not only has the characteristics of low-cost, high efficiency, and also reflects the basic idea of freedom, equality, the pursuit of substantive justice. Administrative reconciliation as a dispute settlement mechanism of diversification trend developed under a dispute solution, increasing attention has been widespread concern, and plays an important role in the practice of settlement of administrative disputes. But in China there has been no administrative reconciliation included in the administrative dispute settlement mechanism, its legislation has also taken a negative a negative attitude. However, the legislative exclusion does not eliminate the administrative reconciliation in practice, whether it is the process of administrative law enforcement, or administrative process, the application of administrative reconciliation has always existed. However, due to the absence of legislation, the guiding principles and rules of procedure, administrative reconciliation in practice showing the chaos, hinder its full role to play. The accelerated pace of China's democratization process, the transformation of government functions, the establishment of service-oriented government, the inevitable calls for the establishment of new, more efficient administrative dispute resolution, as a necessary complement to China's dispute settlement mechanism. Administrative application of the reconciliation is both based on the administrative flexibility, effectiveness, and cost-benefit aspects of realism to consider, but also reflects the modern administrative process should have a basic spirit of the desirability of democracy, but also reflects the social the inherent requirements of the'harmonious society. Recognize and encourage the application of the administrative reconciliation in order to promote efficient administrative process and democratization, the promotion of desirable administrative, should become an important goal of China's reform of the administrative process.This paper adopts a historical analysis, empirical analysis and comparative analysis of research methods, through the combination of the need for an academic theory and practice, provide for the establishment of administrative settlement system of reference on the theory and practice. The article, in addition to the introduction and conclusion, is divided into four parts:the first part, starting from the basic theory of the administrative settlement system, to clarify the concept of administrative settlement system, to clarify the legal characteristics of the administrative settlement system, and describes the value of the administrative settlement system. The second part of the analysis, summarized the theoretical basis of the administrative settlement system was established. Jurisprudence basis through the established system of traditional Chinese culture as well as administrative reconciliation, the constitutional law based on analysis of administrative law based on an attempt to explore the administrative settlement system is reasonable, and the establishment of the legitimacy of the administrative settlement system. The third part, by analyzing the actual situation of the administrative settlement system in China, summarized and summed up the need for administrative reconciliation system in our country. Is not only to adapt to China's WTO Dispute Settlement Mechanism need more to meet the needs of the establishment of service-oriented government in China is consistent with the inherent requirements of a harmonious socialist society. The fourth part, on the basis of the above theory and the reality needs of the argument, trying to build China's administrative settlement system. Clarify its basic principles, clearance of its scope and design of its operating procedures, so that it maximize the dispute resolution function, in order to achieve the Perfection of administrative dispute resolution mechanism is intended to, in order to better protect the legitimate rights and interests of the administrative people, norms and exercising the right to monitor the executive.