Complete Our Country’s Administrative Mediation In The Big Mediation Mechanism

Administrative mediation as a means of relief.Conciliation has been continued and has been used, at the same time, it accumulated abundant experience on the Chinese ground. It is now played an important role in resolve disputes, but this system has all kinds of problems exist. Domestic scholars in the field of mediation has little research results, in order to made it play a greater role in resolve disputes this paper made it as a research object, in the hope to make a little contribution. In addition to this introduction, conclusion, the text is divided into three parts.The first part is administrative mediation system overview. I analyzed the administration mediation system in this part of the article. At first, I analyzed the mediation administrative meaning analysis the mediation’s meaning and its background. Summarizing the new characteristics and the function of administrative mediation in the big mediation. Administrative mediation system can be summarized as the role:easing the relationship between the parties,promoting social harmony; it is beneficial for government administrative concept to the change; it is to improve the legal consciousness. According to the mediation of the main body of the different, administrative intermediation is divided into Grassroots people’s government’s intermediation, public security department’s intermediation, the marriage registration department’s intermediation, the administrative department for industry and commerce, and other departments of the mediation. Alignment linkage type of the big mediation asking for mutual docking and inter coordination in the administrative mediation, the people’s mediation and the Judicial mediation, promoting the development of harmonious society.The second part is the deficiencies of Contemporary Chinese mediation system. Over the years the mediation system have deal with a large number of disputes and safeguard the legitimate rights and interests of the parties, and promoting social harmony. However, because of economic, social development and the original mediation in the legal safeguards, scope of work, mediation procedures and working methods, such as the quality of the mediation is not high, shortage of the existing administrative mediation system can not fully meet the needs of the new situation. The major defects of the mediation system are the mediator dealt with imputes by their relations and their the quality of the mediator is not high, a strong official position, do not have a strong awareness of the law. The voluntary and legal principle are not widely observed, compulsory mediation, conciliation ultra view and oppression of conciliation, mediation and other illegal frequent phenomenon. Mediation scope is too narrow, limiting to civil disputes, minor offence, ownership disputes and administrative compensation and the amount of compensation the controversial aspects. Deletion procedures led mediation Anomie, and it is difficult to resolve disputes, does not just achieve protection effectiveness poor, mediation without any agreements binding on the parties, resulting in a waste of administrative resources. The mediation of the existences of legislation, missing level, the internal conflict is unavoidable, the main mediation ranging from the central to local functions basically involves mediation, legal provisions simple maneuverability are not strong.The third part is of the Countermeasures for Contemporary Chinese mediation system in the big mediation. This part combined with the situation of Chinese proposed specific countermeasures which based on the theory analysis above. The measure improved the quality of the mediator is improve the quality of conciliation, mediation behavior norms approach is to select personnel,education and training, enhance the concept of mediation in accordance with the law; stressed that the start of mediation, conciliation and mediation process should adhere to the contents of legal, voluntary basis.Standardize administrative procedures for conciliation measures, in addition to the application, acceptance and investigation, in consultation programme, several mediation, we have also introduced prior informed that the procedures involved in, and the duration of evading provisions will be part of the administrative civil disputes, all disputes and petition the incident into mediation to broaden the scope of the mediation. Avoiding conflict of laws and regulations to clear the existing norms for transfer, the terms of reference clearly the mediation, the mediation of the unified allocation of the terms of reference, modify or even formulating relevant laws and regulations to improve the mediation system is not in violation of the law Mandatory provisions, given the mediation of the civil equivalent of the validity of the contract.The major theoretical innovation of this paper may be have systematic description and analysis to contemporary Chinese mediation system. And made a discussion of the mediation system deficiencies depth of course, this paper also has shortcomings. The drawback is lack of theory and investigation and look forward to perfect in future.