Study On Feasibility Of Administrative Dispute Prevention Mechanisms

In the third Plenary Session of the 18 th CPC Central Committee, the Party adopted the decision of the Central Committee of the Communist Party of China on a number of major issues concerning comprehensively deepening reform. The decision was made to adjust the functions of the government. Looking from the current prominent government function transformation, efforts to increase decentralization, innovation management, accelerate the practice of the idea of benefiting people, their role as public service providers. Under the severe situation of the reform of the administrative system, the serious situation at home and abroad, it has important theoretical and practical significance to put forward the prevention mechanism of administrative disputes. From a certain extent negates the bias of the traditional theory of power control on the cognition of the administrative power, the administrative power is a means to cure evil with evil.From the practical point of view, the contradictions and problems facing our country can easily lead to administrative disputes. After the international economy and financial crisis outbreak of eight years, world economic recovery is still lack of motivation, emerging economies accelerating capital flight, dependent on the export of energy resources in emerging market countries is even greater impact, China’s economy face weak external demand, the demographic dividend reduction, backward production capacity out of... A series of problems, such as; China used 30 years of time completed the urbanization in the 80 years, the British 100 years. The current is in the urbanization development to climax, gold and critical period of, the interests of the original pattern is broken, the existing pattern of interests have not been established. Social transformation is facing a critical tipping point, our country city too ills of speed development accumulated gradually highlight, imbalance, income distribution aware of expanding problem of urban and rural development, food safety issues, haze governance issues, deepening political and economic reforms in the process caused by the interests and so on. At the same time, the grim situation at home and abroad is not optimistic.From the theoretical perspective, we have administrative disputes of the theory of the study focused on the administrative disputes resolved for a long time, emphasize the administrative disputes relief way expansion, the administrative dispute prevention mechanisms provided little administrative dispute prevention mechanism, Chinese scholars to understand the status of administrative disputes, administrative dispute of our country to solve the work ethic and innovation and ideas on the transformation. Some scholars have proposed the overall concept of administrative dispute prevention, but subject to lack administrative prevention theory is not mature and the practice at that time, administrative dispute prevention mechanism concept some empty, under the tutor’s guidance and administrative homemade theory inspired, the author puts forward the prevention mechanism of the feasibility study of this new proposition in "administrative disputes.This paper is divided into four parts, the first part of the difference between the administrative dispute concept, administrative disputes and other disputes are elaborated; The second part using quantitative analysis method of statistical 2005-2014 Province, autonomous regions, municipalities directly under the central government and the State Council received the application for administrative reconsideration and the administrative litigation for data analysis, combined with "Shandong vaccine" case analysis of the new characteristics of the administrative dispute, and then leads to the original administrative dispute settlement mechanism to deal with the new situation of the administrative dispute, for the third part put forward administrative dispute prevention mechanism of foreshadowing; the third part mainly put forward the administrative dispute prevention mechanism, feasibility and from three aspects of administrative dispute prevention mechanism, respectively. Is based on the relevant theory of crisis management, put forward the administrative dispute prevention theory of the four stages, proposed administrative power with good deeds, Luannan County administrative decision-making innovation, the demonstration of the administrative dispute prevention mechanism in the construction of the feasibility. The fourth part for administrative dispute prevention mechanism construction of two basic premises, three basic principles and two specific measures are put forward.As for administrative dispute prevention mechanism of the feasibility study for the deepening, many problems of the study on administrative dispute prevention mechanism construction need to be studied seriously, involves many aspects, in this paper, only the feasibility analysis, hope can for future administrative disputes prevention theory of a good work to pave the way.