Study On The Perfection Of The Process Of China’s Administrative Mediation

Mediation is a dispute resolution, which commonly used in people’s social life. Itproduces naturally by the ancient dispute resolution to resolve conflicts or disputes. Andthe west is called "Oriental experience". Administrative mediation system in our countryhas a long time. In the practice of administrative, the mediation authorities plays asignificantly role to solve a large number of various types of social disputes and resolvesocial conflicts, and then provides an umbrella for the legitimate rights and interests ofcitizens, legal persons and other organizations. More importantly, the social order makestability due to conflicting solutions, greatly promoted the construction of a harmonioussociety, at the same time provide a solid guarantee for the rapid development of thesocialist economic construction. Especially, our country currently is in the period ofsocial transition, social contradictions present diversification trend, the system as a wayof dispute resolution outside the lawsuit also shows an unpredictable force. However,the current laws and regulations in China basically focus on the substantive aspects ofthe administrative mediation, less fragment the administrative mediation proceduralaspects. For example, it lacks a clear and unified administrative conciliationproceedings, the administrative effectiveness of the mediation agreement is not clearand so on. These problems not only delay the efficiency of the administrative authorityto deal with cases, but also make the parties lack comprehensive and rationalunderstanding of the processing results of the dispute, and even affect the finalimplementation of the case. Administrative Law sociologist Wade once said:"In thecontext of government power expanding, procedural justice is the only magic weapon tocurb the power, the power can really play a role for the public accepted through theestablishment of a fair procedure." Administrative mediation process relies onadministrative staff to carry out, which is bound to be doped with some subjectivefactors, so the sound legal proceedings establishment to regulate the mediation behaviorto guard the effectiveness of the administrative mediation system to give full play iscritical.The framework builds through the basic idea of the questions-the analysis of the problem-to solve the problem. The paper is divided into six chapters. Chapter one isintroduction, which mainly introduces the origin of the problem, to study thesignificance of administrative mediation program, current research and researchmethods. Chapter two is the basic theory of the administrative mediation program,which focused the concept of administrative mediation and on the significance ofadministrative mediation, the nature of administrative mediation program and theestablishment of administrative mediation program. Chapter three is the theoreticalbasis of the administrative mediation program. It analyzes the administrative mediationprogram through combing with the due process of law theory, theory of administrationaccording to law, fair and impartial theory and the theory of autonomy. Chapter four isanalysis of the legislative administrative mediation program, which combines with ourexisting legislative provisions, the root cause of the problem and the problem that existson the administrative mediation program in China. Chapter five is the perfection ofadministrative mediation procedure, this chapter bases on designing a reasonable theadministrative mediation program principles, which puts forward suggestions forimprovement from the start the program, the program and the end of the program.The paper mainly bases on the theoretical analyses to improve the procedures ofadministrative mediation, reflecting the problems of existing legislation in our country,and analyzing the cause of administrative mediation program at the root of the problem,and put forward the suggestions for perfecting our country’s administrative mediationprogram.This paper focuses on the theoretical discussion, mainly uses the value analysis andliterature,and the theoretical innovation is the introduction and analysis of the system ofadministrative mediation program, and discusses deeply the existing problems ofadministrative mediation procedure, then puts forward improving suggestions.