The Construction Of The Prior Conciliation Mechanisms In China's Administrative Disputes

The current China has already entered the path of winning building a well-off society in an all-round way and is a crucial period for socialism with Chinese characteristics to enter a new era.With the continuous deepening of the reform,the disputes that the administrative organs of our country are facing have become more diversified and complicated.The traditional "repressive administration" apparently can not adapt to the changes of the times.Mediation and other non-litigation dispute resolution mechanisms are receiving more and more attention.After the administrative dispute occurs,mediation,as a kind of gentle way of dispute resolution,can relieve the tensions of the parties to a certain extent,the kinds of dispute resolution mechanisms have been widely used in the field of extraterritorial administrative law.However,the provisions of our administrative law on mediation have not yet established a complete system,and the legislation lacks waiting to be filled.This article explores the construction of the Prior conciliation Mechanisms of administrative disputes.The Prior conciliation Mechanisms is that after the occurrence of an administrative dispute,the mediation process is selected as the first priority,under the auspices of the third party,and through effective communication between the administrative agency and the administrative counterpart,the conflict can be gently resolved.This not only reflects the inclusiveness of the rule of law and government,but also can divert cases and save judicial resources.The research methods of the article mainly use empirical analysis methods and comparative analysis methods,based on practice,and finally confirms the justification of the arguments by collecting data on a large number of related social phenomena,and combining the historical development trajectory of the concept of administrative law in our country and the comparison of prior mediation in Chinese and foreign laws.Compared with the existing administrative dispute mediation mechanism in legislation,in addition to the general features of non-litigation mediation,prior mediation is better for those mediating disputes to have more time,more diversity in mediation and more flexibility in mediation.Several mainstream opinions in the fieldof administrative law,such as flexible law enforcement theory,self-regulation theory and cooperative governance theory,also provide strong theoretical support for the application of mediation in the field of administrative law.Judging from the practical situation,the legislation of China's administrative law system in mediation is not perfect and many problems still exist:laws and regulations are too general,the lack of legislative benchmark legislation,resulting in legislative chaos;the convergence with other legal systems are not in place;the time limit for mediation is too limited and so on.This also shows the necessity of establishing a mediation system at the legislative level.Mediation in advance is conducive to make up for the shortcomings of China's courts to reconcile the model,and can meet the increasing number of cases,the type of diversification trend.In practice,the successful operation of a large number of mediation pilots at present provides a valuable practical basis for the feasibility of the system.As a new type of contradictory dispute resolution mechanism,prior mediation is more effective if used well,but it also needs to guard against the shortcomings that are easily caused by such systems.Therefore,for the mediation procedures of the system,mediators,scope of application,mediation methods,etc.Matters,need to carry out the necessary restrictions.The supervision and implementation of the mediation results,and the improvement of the coordination of complaints,adjustments,etc.,must also establish relevant systems to improve.The introduction of an administrative dispute resolution mechanism for the Prior Conciliation Mechanisms is of great significance.Under the concept of democracy and the rule of law,mediation and dispute resolution can reduce administrative friction,save judicial costs,and achieve efficient administration.China should establish a mediation mechanism for administrative disputes with Chinese characteristics as soon as possible so that mediation can be applied to mediation of administrative disputes that have been used in practice to accelerate the pace of democratic administration.