The Administrative Mediation System

Become the focus of the current and future party and state work to promote themodernization of social harmony. Only adopts a multi-stakeholder diversity, socialdisputes frequent, effective way to resolve contradictions in order to fundamentallyensure social harmony. Administrative mediation system is a "booster" of building aharmonious society, but in practice there are many defects, so that the value ofadministrative mediation is difficult to really play. Lack of administrative mediationsystem and explore it from a number of issues, the text is divided into four parts:The first part mainly introduced the administrative mediation system. First, itexplored origin and development of administrative mediation system in ancient Chineselegal culture. Then, it defined concept and property of mediation. Finally, it explainedfeature and function of mediation.The second part analyzed the present situation and actual operation state ofadministrative mediation system in China. Through analysis, the author found out flawsin mediation system, which included imperfect legislation, limited scope ofadministrative mediation, low quality of mediators, as well as no unified laws andregulations, no reliable assurance of basic procedure, no specialized mediation organs,no clear stipulation on administrative mediation agreement’s effects. Furthermore,administrative mediation system had a positive significance on transforminggovernment function, maintaining social harmony and stability, eradicating disputes andenhancing administrative department’s service. So China’s administrative mediationsystem had to be improved urgently. The departments concerned should take practicalmeasures to change the state.In the third part, the author based herself on China’s realities and opened eyes to theworld, there are rich experience and practice in using administrative mediation in thosetwo genealogies of law. It introduced administrative mediation systems of severalcountries and regions in order to give reference to China’s mediation system. So itanalyzed administrative mediation systems of France, Japan, American and Hong Kong.Through the analysis, these systems had something in common: the balance of politicsand administration, independence, neutrality, speciality of mediation. To improve and perfect the administrative mediation system was a long-term andsystematic program. It shouldn’t be some light revisions in one aspect, but acomprehensive and reasonable revision. As the saying goes,“Rome wasn’t built in aday.” For the above-mentioned reasons, the revision design of China’s administrativemediation should included expanding administrative mediation scope properly, settingup specialized mediation organs, teams and program designs, affirming administrativemediation agreements’ effects. The author believed only when we take practicalmeasures to build China’s administrative mediation system can it give full play toresolving disputes and play a big role in establishing a harmonious society.