The Problems Existing In The Administrative Mediation System In Our Country And The Countermeasures

Mediation is traditional and fits a behavior pattern of Chinese. In China it has a long history in dispute resolution and has been playing an irreplaceable role. So mediation continues down and be absorbed into the justice system as an important way to settle the dispute judicial. This thesis discusses main problems of the administrative mediation system in our country, and put forward the suggestions of perfecting the administrative mediation system. This will have an important significance to make administrative mediation system in the social life playing a positive role in further.This thesis is divided into three parts.The first part: Administrative mediation is on the basis of voluntariness. The parties concerned have real intention of willing to conciliate one another. Then the mediation can be started. The value of administrative mediation contains achieving a balance between the public interest and the private interest. The other one is to ensure efficiency and fairness. Its operation should obey the following principles: 1. voluntary 2. legal 3. equality 4. legitimate expectation. Administrative organ exercises the specific administrative act at the discretion of the law and regulation. If citizens, corporations orother organizations refuse to accept it and apply for administrative reconsideration, or administrative compensation disputes and administrative compensation disputes, the administrative reconsideration mediation could undertake.For the administrative reconsideration organ, in the process of mediation need to take the following several aspects: 1. make the communication interpretation work. 2. regulate administrative reconsideration mediation process. 3. review the conciliation agreement. The meaning of the administrative mediation system is obvious: improve the administrative efficiency, beneficial to the solution of the administrative dispute, reduce lawsuits, safeguard rights and interests of parties concerned.The second part: Main problems of the administrative mediation system in our country at present stage contain: relevant laws and regulations lag in administrative mediation, the administrative mediation procedure is not sound, the applicable scope of the administrative mediation is not wide.The third part: According to the investigation on administrative reconsideration mediation system abroad, and in combination with actual situation, the perfection of the administrative mediation system of our country should cover: make the administrative mediation agreement valid, improve the program of administrative mediation system, expand the scope of administrative mediation, perfectingsupervision mechanism and the relief channels, limit the power of the administrative reconsideration organ, establish guarantee mechanism.