Mediation Of Administrative Legal System

Dispute is a kind of living state often appear in real social life, in order to existence, disputes will be accompanied by a citizen’s life, disputes and conflicts are unavoidable. China since ancient times about "harmony", detesting lawsuit is a kind of psychology of people’s value orientation. People seem to prefer to use a peaceful way to resolve the dispute, such as the use of reconciliation and mediation. Mediation in ancient China had been widely used for solving various social contradictions and disputes, by Westerners as the concentrated expression and a typical representative of eastern traditional social and cultural attributes.Nowadays, the social structure of China is in the transition period, seek diversified dispute resolution mechanism has become an important task of China’s current legal theory and legal practice. In the process of practice, we found more and more litigation not dispute Wan Lingdan high litigation cost, difficult to execute, leading to the judicial procedure is very difficult to meet the interests of the parties. The practices of western countries are worth our learning and reference, they take is out of action in civil circle, explore the dispute settlement mechanism. These years, our scholars are exploring effective connection mechanism of litigation and non-litigation dispute resolution. Our country is big mediation pattern should be to achieve this goal: on the basis of the existing laws and regulations on mediation, can develop formal mediation law in our country, the people’s mediation, administrative mediation, judicial mediation, some basic means of dispute resolution into the mediation law system.This paper is divided into three parts, the first part starts from the concept of administrative mediation, administrative mediation analyses the concept of the concept of society at present, finally reached my administrative mediation: mediation is moderated by the administrative body, within its legal authority, to the national laws, regulations, policies and the public order and good customs as the basis, and in full respect and consideration of both parties under the principle of voluntary, mediation, conciliation for some particular dispute, the parties through friendly negotiation and reach an agreement of mediation, a mediation system which solves the dispute. Then from the administrative mediation, form, object, mode, effect analysis of characteristics of the administrative mediation. In order to further understand the administrative mediation, this paper also analyzes the administrative mediation, the legal basis and legal basis for the administrative mediation and other concepts, and the difference and relation. Then this paper studies the shortcomings of administrative law and administrative mediation development status at home and abroad and the present stage our country exists.The second part mainly analysis the necessity of perfecting the administrative mediation system. This paper is to analyze the necessity of administrative mediation system from three aspects:the need to improve the administrative dispute resolution mechanism, to construct a harmonious society, need the public power theory development.The third part is the suggestions to perfect the administrative mediation system. This part is the focus and highlight of this paper. The third part proposed consummates our country administrative mediation system from five aspects. First is the advice from the principle of mediation, administrative mediation should be advocated to adhere to the voluntary, equality principle, legitimacy principle, efficiency principle of mediation, appropriate principle of withdrawal, the procedures involved in the principles and the principle of fairness and impartiality. Second suggestions is to optimize the administrative mediation administrative mediation subject, including optimization of administrative subject, subject specific administrative mediation right establishment. Third aspects of the proposal is clearly the scope of administrative mediation, to certain degree of expansion and expansion in the existing mediation range. Fourth suggestions is to establish and perfect the administrative mediation procedure, from the meaning of a program to protect the substantive justice of administrative mediation. Fifth suggestions are the system guarantee administrative modulation, make the administrative mediation has more practicability and operability.