On Our Country’s Administrative Mediation Problems And Countermeasures

The right of private law change, so the government administrative from a single public rights to social service supreme transformation, and the introduction of the concept of administrative contracts, and has made the government and the administrative relative person between both sides both in law in equal status, in advocate of the construction of a harmonious society today, safeguard social harmony is to realize the great goal of one of the premise, and flexible, efficient, and effective administrative mediation can in time solving contradiction, resolve the dispute, which is an important part of the harmonious society, is also actively promote the transformation of government functions one of the requirements. In view of the above reasons, this paper on the special research of administrative mediation.This paper discusses the divided into four levels. First of all, through to the administrative mediation basic theory analysis, defines the connotation of administrative mediation, the nature of the administrative mediation, applicable principle of administrative mediation and strengthen our current administrative mediation, the significance of the explosion in litigation sure, alternative dispute resolution mechanism of the development of perfect our country today the importance of administrative mediation. Secondly, according to the development trend of current administrative mediation, the administrative mediation system is more perfect country related experience summarized, and summed up perfect our country’s administrative mediation related experience enlightenment for our country to the improvement of the administrative mediation has provided valuable and feasible suggestion, these Revelations mainly includes unified administrative mediation legislation, clear administrative mediation, expanding the principle of administrative mediation conciliation, standardize administrative mediation scope procedure and the establishment of scientific administrative mediation organization, etc. Again, according to foreign experience an overview and experience the enlightenment, found in China’s current administrative mediation also have many shortcomings. Finally, according to China’s administrative mediation organization establishment and the current status of development of the administrative mediation, according to China’s current administrative mediation of the existing shortage, in foreign related experience for reference, and at the same time, have pointed proposed to perfect our administrative mediation proposal.In our country the government by law society into modern process, as civil rights consciousness of ascension that public power and the private rights conflict between shall not avoid, and this conflict is not the social system and causes and ruling concept to investigate its reason is because of rule of law of development, in the contract under the influence of idea, that the right to privacy and gradually in equal status, and give the government’s public power is still in the very great degree above the public and private right through the improvement of administrative mediation can be a very effective way to resolve the right to privacy and the contradiction, as a kind of quick non-litigation dispute settlement way, administrative mediation to transform the functions of government, and give full play to the administrative organ for the people the essence of the service, increase the authority of service-oriented government plays a very effective role in advocating a harmonious social environment, to promote the rule of today, have a special meaning.