Dispute Resolution Function Under The Perspective Of The Admin Istrative Reconsideration Mediation System Research

The function of the administrative reconsideration system is located in theinternal supervision by the administrative Law. So the goal of the administrativereconsideration activities is to correct the illegal or improper administrative acts andthe rights of applicants in the administrative reconsideration activities are ignoredfrequently, Such as the rights of being informed, participation, and supervision andso on. This circumstance leads to severe reduction of the credibility and authority ofthe administrative reconsideration activities. At the same time, the advantages ofadministrative reconsideration system such as economical, convenient,thoroughgoing have not been given to play completely. However, repositioning thefunction of the administrative reconsideration system to the dispute resolution willhelp to overcome the defects above perfectly. It exhibits the quasi-judicial nature ofthe administrative reconsideration system the objectively. This function has thenature of fundamental and inclusive: in the process of solving administrativedisputes, the function inevitably includes the supervision of the administrative actsand relief the applicant’s rights, and so on. Moreover, the achievement of internalsupervision, the remedy of rights, and the other functions can also help to settlementof disputes. As a way of diversified resolutions of social disputes, mediation has been fullydeveloped in the field of private law, Because of its low costs, high efficiency andmaintenance client of relationships. At the same time, on the basis of practice,mediation in the administrative reconsideration activities also gets more usage anddevelopment. And it has become an important way to solve the administrativedisputes in administrative reconsideration system. But the administrativereconsideration regulations (abolished) in1994ruled:“The administrativereconsideration shall not apply conciliation”. The administrative reconsideration lawin1999doesn’t make it clear. According to the theory of law, method withoutauthorization is prohibited.And the theory of do not dispose the executive power without a legal mandate.The administrative organ in the administrative reconsideration activities can notdispose of executive power and can’t use the mediation way to trial reconsiderationcases. But, in the specific case, the administrative reconsideration organ has brokenthe limitation of not applying conciliation in reconsideration activities and not using“disguised mediation" deal with cases. As the coordination in the administrativereconsideration cases has achieved good effect in practice, the Article50ofRegulation on the Implementation of the Administrative Reconsideration Law in2007has begun to establish the administrative reconsideration mediation system.By the analysis and summary of the reconsideration cases, the reconsiderationmediation system can settle administrative disputes and dissolve the contradictionthoroughly. Also it can protect the legitimate rights of the applicant in a timelymanner and keep social order stability. However， due to the administrativereconsideration mediation system lacks of legal basis、can’t be widely used、lacks ofspecific rules of application program scope、defects with the effectiveness of theadministrative reconsideration conciliation statement, leading to the function ofadministrative reconsideration mediation system should not play completely. So it isnecessary to perfect and refine related contents of the administrative reconsiderationmediation system. For example, modify the administrative reconsideration law, sothat it can provide legal basis for administrative reconsideration mediation system. The applicable scope of reconsideration mediation system should be expanded at acertain extent. Formulate appropriate reconsideration mediation rules of the program.Improve the system of administrative reconsideration of the conciliation statementrelief.