Research On Administrative Reconsideration Mediation System In China

As an important way to resolve administrative disputes in the process of administrative reconsideration,the scientific and reasonable administrative reconsideration mediation system can provide the administrative counterpart with quick,convenient and low-cost right relief,and resolve the contradiction between the administrative subject and the administrative counterpart effectively,and promote the harmonious development of society.This paper combined with the examples of administrative reconsideration,analyzes the present situation of legislation and enforcement of Administrative Reconsideration Mediation System,and finds out the defects of Administrative Reconsideration Mediation System in China,and provides some suggestions on how to perfect the Administrative Reconsideration Mediation System in China.This paper consists of five parts.The first part is mainly about the overview of the research on the Administrative Reconsideration Mediation System at home and abroad,and the state of the writing ideas and methods.The second part introduces the present situation of Administrative Reconsideration Mediation in China and the dispute about the suitability of mediation in the administrative reconsideration from legislation and practice,and expounds the practical value of Administrative Reconsideration Mediation System in China.The third part involvesthe specific content of Administrative Reconsideration Mediation System,mainly focused on the application scopeof Administrative Reconsideration Mediation,including the analysis of discretion,and discussesthe possible expansion of the scope of administrative reconsideration mediation.The fourth part focuses on the research on the Administrative Reconsideration Mediation procedures in China,proposesthe perfect measures for dividing Administrative Reconsideration Mediation into the start procedure,examinationprocedure,negotiationprocedure and endprocedure in chronological order,and explores the reasonable mediation periodandtimes with the perspective of empirical analysis.Based on the analysis of the effectiveness of Administrative Reconsideration Mediation in China,the fifth part puts emphasison the relief of Administrative Reconsideration Mediation,and focuses on how to ensure the maximumimplementation of the administrative reconsideration mediation and protect the legal rights and interests of the parties.