On The Perfection Of Administrative Reconsideration Mediation System In China

Administrative reconsideration mediation system refers to the systemduring which the administrative reconsideration organ mediates in theadministrative reconsideration process, negotiates, persuades andcommunicates about both parties’ administrative dispute in accordancewith the principle of voluntariness and legality, etc, according to bothparties’s consensus, within the scope of laws and regulations, to make theparties hereto come to an understanding and finally reach a mediationagreement, thus ending the administrative reconsideration proceduresystem. It plays an important role in resolving disputes, ensuring therelative person’s legitimate rights and interets, resolving the disputesbetween administrative subject and the relative person and effectivelycoordinating the interests between the administrative subject and therelative person. Administrative reconsideration mediation system in ourcountry is still in its infancy, so so there are many drawbacks, which aremainly reflected in from the point view of legislation incomprehensivelegislative principle, low stage of relative legislation, narrow applicablescope of the subject as well as poor operation in procedural regulations;from the point view of law enforcement dependent main body ofadministrative reconsideration mediation, unequal status of both mediationparties, lack of skills and methods in administrative reconsideration, anddifferent quality of mediation staff in administrative reconsideration; fromthe point view of supervision weak internal supervision and operability,poor external supervision and lack of relief way. These defects haveprofound political, economic and theoretical origins, such as the impact ofsocial transformation, the influence of the dominant social values and the"officer standard" thought, one-sided pursuit of social cost savings andhigher administrative efficiency, the conflict between traditionaladministrative law theory and the theory of modern administrative law andso on. Based on these defects, suggestions should be put forward fromthree aspects: legislation, law enforcement, and supervision. In thelegislation, we should perfect the basic principles of administrative reconsideration mediation system, perfect the relevant laws andregulations, clear the applicable scope of the administrativereconsideration mediation system, strengthen the construction ofadministrative reconsideration mediation system program; in lawenforcement, we should shift administrative concept, establish aadministrative reconsideration committee, and set up a professional teamof administrative reconsideration; in supervision, we should perfect theinternal and external supervision of administrative reconsiderationmediation system, as well as the relief way of administrativereconsideration mediation system.