Feasibility Study Of Administrative ADR

In 1990s, starting from the United States, alternative dispute resolution (ADR) was extensively used in the western world. In our country, judicial had taken a greater reform, insufficient judicial resources lead to obvious malpractice of litigation, therefore our country needs an efficient rule which fit for the whole social environment of China and also can be followed to ease the intensified conflict between public and private, to ensure the harmonious development of society, the answer is ADR system. Administrative ADR is a special dispute resolution methods of ADR system, which is an essential complement of judicial relief, it is used to resolve disputes administrative procedure. Administrative ADR mechanism as an indispensable mode of dispute settlement corresponds to our present demands, so the application of China is necessary. "Consensus" as the most important and iconic character of administration of ADR, should be applied to all stages of the administrative dispute, to remedy the deficiency of current system, deepening judicial reform, promote social harmony.The thesis consists of four chapters. By studying the origin of concept of administrative ADR and how it was flourished in the West, the first chapter talks about defining the concept and range of application of the administrative ADR, to be theoretical support for later discuss about study of applicability of administrative ADR; chapter two describes the existing problems of administrative litigation, explaining functions and advantages of administrative ADR, to reveal the necessity of application of administrative ADR, at the meanwhile, analyzing our traditional historical and cultural background and the current situation of social development, describing the administrative feasibility of ADR in China; in the third chapter, listed the theoretic question on the application of administrative ADR in China from against and problems from the real practice, and analysis these questions, clearing obstacles for the further in-depth application of administrative ADR; fourth chapter, after the conclusion that administrative ADR can be applied in China, proposing reasonable feasible idea recommends on how to correctly process administrative ADR in China.