Research On The Diversification Of Administrative Dispute Settlement Mechanism

Administrative dispute resolution mechanisms, refers to non-litigation or administrativebody set up by the dispute settlement mechanism auspices, including administrative mediation,administrative rulings, the basic form of administrative appeals and so on. The role anddevelopment of the administrative dispute resolution mechanism reflects the needs ofcontemporary society, governance, public service has gradually become a resource for thepublic service government provides. Administrative dispute resolution mechanism providesfor the parties to a public remedy a way different from the judicial proceedings, can becompatible with consultative and adjudicatory process, the initiative will executive power,immediacy and efficiency and negotiated, equitable and specialized binding it also has a folkADR experts do not have the strengths and resources of power, easy to obtain the trust of theparties. In particular dispute processing, plays an integral role. How components andassociated administrative relief system will be standardized through scientific methods, toform a running order, interrelated logistical support diversified administrative disputeresolution mechanisms to ensure fair administrative disputes efficiently solved, is the mainproblem of this study. The article first describes the basic theory of diversificationadministrative dispute resolution mechanisms, and analyzes the controversy, disputesettlement mechanism, the concept of administrative dispute resolution mechanisms, elements,types, functions, etc. which leads to the development trend of diversification of the concept ofadministrative dispute resolution mechanism; followed by the status quo of China’sdiversified administrative dispute settlement mechanism were analyzed, including our currentadministrative dispute resolution mechanisms and the scope of the basic forms, functions andfeatures as well as the main problems; third part of the extra-territorial administrative disputeresolution mechanism A comparative study, a brief introduction of the system on behalf ofBritain, France, Japan and other countries and derive improve our current system ofadministrative dispute some inspiration; Finally, build a diversified administrative disputeresolution mechanisms, to build a standardized administrative dispute resolution mechanisms, and implement the final judicial principles, importance of non-litigation administrativedispute resolution mechanism, reform and improve the system of six letters elaboratedimprove our diversified administrative dispute resolution mechanisms basic idea.