Research On Reconciliation In Administrative Law Enforcement

With the rise of deliberative democracy and administrative contract theory,traditional powerful,mandatory,unidirectional administration model is difficult to meet the needs of democratic,ministrant,efficient administration,which have hampered the development of modern rule of administrative law.At present,governance emphasized non-coercive and bidirectional,which initiated citizen communicate with government on the basis of orderly participation,and finally achieve cooperation.The development of market economy has brought about a profound change in the pattern of interests and social structure.The type of administrative dispute became more diversified and complicated correspondingly,which put forward higher request on administrative law enforcement.However,the existing administrative dispute resolution mechanism has a serious shortcoming of hysteresis and inefficient.The malpractice cannot settle the administrative dispute in time and effectively,and is also unfavourable to achieve prospective aim.The trend of convergence of public and private law builds the bridge for reconciliation in administrative law enforcement.Reconciliation is a means of resolving disputes,which rises in the field of private law.It has played an important role in resolving the contradictions between private subjects.Since the twentieth century,the binary opposition between public and private law is loosening.Reconciliation has begun to apply to the field of administrative law enforcement gradually.From initial non-admitted by national law to now be prescribed in the legal documents,such as Antitrust regulations,Anti-dumping law,Administrative Reconciliation Pilot Implementation Method,its legitimacy affirmed by law already.Reconciliation in administrative law enforcement refers to the activity which in the process of administrative law enforcement,the subject of administrative law enforcement and administrative counterpart consult willingly and compromise mutually on the basis of relatively equal status,n order to achieve a settlement to eliminate administrative disputes and accomplish the goal of administration.Different from conventional administrative law enforcement,reconciliation contains a richer concept of contract,freedom and equality,which provides a more perfect benefit-expressing channel for administrative counterpart and highlights its dominant position in administrative legal relations.The administrative counterpart through substantive participation in administrative law enforcement can enhance the acceptance of administrative activities and improve the efficiency of administrative law enforcement.Meanwhile,solve the administrative disputes in the stage of administrative law enforcement can avoid excessive administrative cases enter the judicial procedure,which reserved the limited judicial resources and achieve the maximization of social interests.