Research On The Effect Of Administrative Mediation Agreement

Our country is in the economic and social transition period, with the slowdown of economic growth and the deep adjustment of social structure, all kinds of social contradictions and disputes have emerged and become more and more complex and acute. Can timely and effectively resolve these contradictions and disputes not only related to the success or failure of economic and social transformation, but also will affect the social security and political stability. China’s current administrative mediation system is a new alternative dispute resolution mechanism explored and developed in the 1990 s, because of the advantage of authoritative, professional and economic, it has received considerable attention in practice. However, due to the lag of legislation and system construction, the practice also exposes a series of problems, such as the low level of trust, the form of mediation, but not the solution. The function that administrative mediation can resolve disputes and reduce the pressure of court trial in a timely and effectively failed to effectively play. The reason lies in the fact that the validity of the administrative mediation agreement is not clear and weakened.Starting from the basic theory problem of administrative mediation concept, characteristic, function and historical development, this paper is on the basis of summarizing the current situation that of the legislation on the validity of administrative mediation agreement and research of judicial practice and theoretical. Through the study and comparison on the validity of administrative mediation agreement domain in the foreign typical countries and regions, It points out that our country should strengthen the effectiveness of the administrative mediation agreement from the legislation, that is, on the basics of recognize the validity of the contract, further to the effectiveness of its enforcement. For the parties to respect the right to know, right to choose and to prevent the abuse of rights by organs of administrative mediation, the article puts forward the system construction should be carried out from these aspect, such as the administrative mediation work into the category of performance evaluation of civil servants, the obligation of informing the administrative mediation institution, standardize administrative mediation procedure and the right to administrative relief to the parties.