The American Administrative ADR System And Its Implications To China

The administrative ADR system of USA, as an alternative dispute resolution mechanism,has autonomy and flexibility, informal, non-judicial and non-public and other features as a reasonable grounds chose to resolve disputes by the parties,playing in practice important role which are the decomposition of court proceedings pressure,rational allocation of judicial resources,helping the parties to reach a consensual savings dispute resolution cost.The administrative ADR system of USA doesn’t include only basic type of ADR using mediation, arbitration,conciliation,facilitation and so on,but also hybrid type of ADR using mini-trials,settlement conferences,early neutral evaluation,dispute panels and so on.It is widely used in the field of the American administration, especially in the field of employment disputes, contracting and procurement, contracting and procurement.The system is built on the basis of legislation experience and practice in civil and commercial ADR,under the objective condition of administrative disputes needing administrative ADR,and the good rule of law protecting the efficient operation of the administrative ADR system.Administrative ADR system has brought a lot of inspiration to China,such as that the relationship between citizens and government is equal and cooperative under the principle of the rule of law, the the Modern administrative mode provides great room to government and administrative counterpart for consensus in the administrative dispute,and that dispose of executive power and public interests may not conflict.Under the guidance of the revelation of American experience,we interpret the administrative the ADR and official resolution system of administrative disputes. On the basis of taking full account of the necessity and feasibility to establish the administrative ADR system,we give suggest to establish the administrative ADR system.First,Clarify the legal status and rules of administrative ADR system.Second,Cultivate the talents needed for the operation of the administrative ADR system.Third, improve the Official relief system of the administrative dispute though reforming the administrative review system and Adjusting administrative litigation system.