A Study On The Administrative Mediation From The "Dualistic Structure"

The recommendation of the official law documents, the flouring study in the lawcircle and the depression of the practical operation constitute the status quo of theAdministrative Mediation in China. The irrational system design and the non-fluentconnection with other dispute solution mechanisms are two main reasons led to thepractical depression of the Administrative Mediation. The problems of system designsuch as confusing scope, the biased subjects, the lacking procedure and the awkwardeffectiveness, combined with the problems of connection with the People’s Mediation,the Administrative Reconsideration and the Administrative Proceedings, have restrictedthe development of the Administrative Mediation. In the process of remolding themulti-dispute resolution systems, the Administrative Mediation has the living space. The“dualistic structure” which distinguishes the “administrative dispute” from the “civildispute” is not only a new approach to resolve the problems the AdministrativeMediation, but also a new direction of future development. If the subjects, the procedureand the effectiveness of the Administrative Mediation are designed according to the“dualistic structure”, meanwhile, the connections with other civil and administrativedispute resolution mechanisms are handled well, the Administrative Mediation can playa more important role in the process of resolving social disputes, maintaining the socialstabilization and promoting the social harmony.