Research On The Mediation System Of Administrative Reconsideration

Establishing the system of mediation of Administrative Reconsideration Law means that penetrate to the field of administrative law, conform to the trend of the government administration from mandatory to persuade the mode change, reflected the new relationship between government and citizen and the formation mechanism of society and to cooperate for the leadership, to resolve administrative dispute, do "case" in the field of administrative law, effectively reduce the social contradiction and conflict, has a very positive role. But in the administrative reconsideration work in practice, due to various subjective and objective reasons, the Administrative Reconsideration Mediation far did not play its due role and function. This paper will start with the legal value of administrative reconsideration mediation analyses and expounds the importance and necessity, and on this basis, combined with the practice of administrative reconsideration, mediation of administrative reconsideration application situation and causes obstruction in practice, summing up the crux of the problem, and on these issues on how to improve the mediation mechanism, the administrative reconsideration transformation the concept of law enforcement, and strengthen supervision, give full play to the role of mediation of administrative reconsideration is put forward.The body consists of four parts:The first part is about the outline of administrative mediation system. First of all, this part of the mediation of administrative reconsideration of the concept and characteristics were defined, and comparing with the administrative mediation, administrative reconsideration and administrative litigation mediation and other similar system, in order to enhance the concept of the Administrative Reconsideration Mediation understanding. Secondly, this part of the mediation of administrative reconsideration are legislative review, analysis of the dispute in legislation and evaluation, and proposed the understanding the author agrees with the administrative reconsideration mediation.The second part is about the legal analysis of the mediation system of administrative reconsideration. This part analyses the important function of the value of mediation of administrative reconsideration from the constitutional significance of Administrative Reconsideration Mediation, administrative rule of law value and the real value of three.The third part is the analysis of current situation of Administrative Reconsideration Mediation in practical use. This part of the Administrative Reconsideration Mediation in practice failed to give full play to the role of reason in detail, one is Administrative Reconsideration Mediation scope, procedure and validity of such system itself is insufficient; the two is a large number of the application for administrative reconsideration and abnormal withdraw instead of statutory Reconsideration Mediation; three is the mediation of generalization and administration according to the law itself contradiction.The fourth part is the conception of perfecting the administrative reconsideration mediation. Play this part of the mentioned front against the administrative reconsideration mediation effect problem, put forward the way to solve the problem. One is by setting the basic principle, clear the scope, effect setup and clear legal aspects to perfect the administrative mediation system construction; two is through the legislation of the administrative reconsideration application to withdraw the scope and practice strict administrative reconsideration application for withdrawal case review, regression to apply for administrative reconsideration to withdraw the legislation system; the three is to strengthen the internal and external supervision of mediation of administrative reconsideration.