The Rule Of Administrative Mediation Perspective

As an important part of our ancient traditional legal culture, the mediation system continues to develop accompanied by the social development. But in modern sense, as the product of the need to adapt to the social development, the administrative mediation gradually becomes a very indispensable part in the modern dispute resolution mechanism, it involves in every aspects in our social life, the administrative mediation plays a positive utility in maintaining social stability, and that is a new concept of administrative areas from the rule of law and harmonious society. Administrative mediation is the result of the social development and administration change, it is also a new location of administrative management mode which is based on the principle of administrative law. Nowadays many disputes become to multi-layered and complication tendency, the deficiency of the judicial resources and the mode of processing which is hard to resolve the disputes at the premise of not damage the interest, it makes that the rights of both parties can’t get a positive protection. Therefore, in the process of the construction of socialist modernization, administrative mediation appears in a flexible and effective way, it also plays the role of safeguarding the social harmony. But because of the study limitation on administrative mediation in academic and theoretical circles, which makes that the existing administrative mediation system still has many defects, and it will seriously hinder the rule of law construction in our social transformation period and the construction of harmonious society. So this paper wants to divide the administrative mediation into many aspects to be expounded, and on this base to discuss the existing problems, and to put forward some initial assumption to improve the current situation.This paper is divided into five parts, mainly including:The first part mainly expounds the basic principle of administrative mediation, including the administrative mediation concept, characteristics, nature and status of the introduction and so on, and compares the administrative mediation with some similar concepts in order to accurately reflect the basic situation of the administrative mediation and to clear the prominent role and significance in the current administrative legal system.The second part mainly shows the basic idea and value orientation of administrative mediation. This part separately talks about four aspects to elaborate the theoretical basis of administrative mediation in the government by law society, such as the rule by law administrative concept, respectively harmonious society concept, due process concept and the justice idea of law enforcement rules, so we can derive the legal theory value and social value of administrative mediation, at last we can easily excavate the necessarily and importance that why we bring the administrative mediation into the current mediation system.The third part mainly focuses on the historical evolution process of administrative mediation. From the historical background of the emergence of administrative mediation, this part introduces the administrative mediation overview from the ancient period to nowadays, then through the phenomenon, we easily see the essence that at present, the administrative mediation exists some problems, such as unreasonable mediation subject, unsound conciliation proceedings and many other problems, of course, we can’t deny the outstanding achievements of administrative mediation.The fourth part compares the foreign administrative mediation with ours, such as America, France, Japan and Korea, from this, we can see that our administrative mediation has a deep gap with foreigners’, so we also find out some enlightenment to how to perfect our current administrative mediation system.The fifth part, as the summarizes and focal point of this text, the writer systematically expounds on how to perfect our country’s administrative mediation, such as the problems which the above mentioned, and makes a positive improvement suggestions on the mediation subject, scope, procedures and efficacy, and also mentions the significance to perfect our country’s administrative mediation in the legal society. These include the following aspects:one is to optimize the scope of subject. Administrative mediation subject is not only to adapt to the development of social need, but also to widely absorb various subjects who can undertake the function of the administrative mediation to reduce the mediation pressure of government authorities; at the same time, we should train these mediation subjects to improve their professional quality and operational skills, so they can realize the administrative functions more conveniently. Anther is to broaden the space for mediation. As an effective and convenient administrative management mode, administrative mediation should be expanded applicable scope, it can allow more disputes to be mediated, which can not only resolve the dispute effectively, but also reduce the cost and improve the administrative efficiency. At the same time, to strengthen the operation effect. We should put the validity of the administrative mediation between the court ruling validity and contract effectiveness, such can implement the mediation agreement to effectively maintain the parties’ interest and the trusty. Finally, to clear and definite the program specification, The author mainly put forward some preliminary conception which based on the current situation of the existence of administrative mediation problems, it includes refining the administrative period and avoiding the optional drag phenomenon by the mediation subject; also includes following the basic principles of administrative mediation as much as possible to ensure a fair outcome and to achieve the desired result. In the end, the author also introduces the important significance to perfect the current administrative mediation in the harmonious society from four aspects.