Discussion On Administrative Mediation System In China

Now China is experiencing rapid social transformation, the complexity of socialcontradiction calls for the establishment of diverse dispute resolution mechanism. As a kind offlexible dispute resolving mechanism, the administrative mediation has become more andmore favored by the state and society. In October2010, the Opinions on strengthening theconstruction of government ruled by law promulgated by the state council clearly put forwardtaking the administrative mediation as the important duty of local people’s governments at alllevels and relevant departments, gave full play to the administrative organs in the role ofresolving administrative disputes and civil disputes. Over the past year, our country hassuccessively formulated opinions on strengthening the administrative mediation in differentplaces, and administrative mediation has become the important part of multipartite mediationsystem. Meanwhile, the theoretical research on administrative mediation has been taken intoconsideration in the administrative law circle, and some representative research achievementshave been made.Due to administrative mediation with its fast, inexpensive, respecting autonomy toresolve the conflict between the parties, is conducive to the executive and the relativeharmony between people, therefore, the existence of administrative mediation system toensure the harmonious social conflict resolution mechanism system. While the official workof the relevant legislative administrative mediation is well underway, the country is alsoactively promote the innovation of administrative mediation, administrative mediationlegislation, but many of the issues not fully achieved consensus. At present, China’s existinglaws and regulations do not make a special administrative mediation system, improve theregulations, administrative provisions relating to mediation but scattered in various laws andregulations, administrative mediation of the legal system has not yet been established.Therefore, it is necessary to develop appropriate national conditions of China,"Chief Mediation Law", to build a relatively complete system of administrative law, administrativemediation system to be regulated from the legislative level, to further develop and improveour administrative mediation system.Specifically, the paper is divided into four parts. The first part introduces the basic theoryof administrative mediation, including overview of administrative mediation, thediscrimination between administrative mediation and judicial mediation、People’s Mediation.The second part focuses on a comparative analysis of extraterritorial administrative mediationsystem，including French mediation system commissioners、American alternative disputeresolution mechanisms、British commissioner of administrative supervision system andNetherlands Coordination system. The third part analyzes the current situation of China’sadministrative mediation system, mainly existing the following issues: the not uniform oflegislation, narrow fuzzy, institutional settings unscientific, the not standardized ofprocedures, unclear of the effectiveness of such issues. The fourth part presents for some ideasof how to perfect administrative mediation, including strengthening legislative ofadministrative mediation, expanding scope of administrative mediation, improvingorganization of administrative mediation, establishing standardized administrative proceduresand strengthening the legal effect of the mediation of administrative mediation.