On The Improvement Of The Non Litigation Dispute Settlement Mechanism In China’s Administrative Dispute

Due to the rapid growth of the economy,the functions of the government are changing,and the authority of the administrative organs has been continuously expanded and refined,which has led to a great change in the number and type of administrative disputes.In our country,the interest dispute between the administrative subject and the administrative relative is increasing,and the actual situation is that the administrative litigation can not effectively solve these contradictions.The parties choose more reconsideration,letter and visit and other non litigation solutions,and even take the excesses "letter and visit unbelieving law" and so on.The emergence of this situation,of course,is of course inseparable from our traditional culture.In traditional concepts,the Chinese people are so expensive,they believe in "the people do not tell the officials",and they are afraid of the retaliation of the government.It is these ideas that lead to the small source of administrative litigation and the high rate of withdrawal,and more importantly,our country is currently solving the non litigation of administrative disputes.Although there are many ways of litigation,there is not a perfect mechanism,and there is a lack of cohesion and coordination among various systems.So they have such or such problems in solving administrative disputes.The purpose of this article is to study these systems and to point out their insufficiency and perfect the connection and coordination between each other.The article is divided into four parts.The first chapter expounds the basic concept and development process of the non litigation dispute settlement mechanism,through the study of the current international non litigation mode to solve the basic mode of administrative dispute,and to explore the significance of using ADR to solve administrative disputes.In the second chapter,we enumerate the non litigation methods to solve theadministrative disputes in our country,and start with the characteristics of the current administrative disputes in our country.Through the analysis of their respective system status and operation status,we summarize the problems existing in the non litigation dispute settlement system in our country,so as to provide a perfect plan for the follow-up.The third chapter mainly introduces the experience of some extraterritorial ADR.Through the introduction of the development of the non litigation dispute settlement mechanism in the United States,Britain and Japan,we summarize the experiences and lessons of the use of ADR in these countries so that we can learn from their advanced experiences,avoid the detours they have passed,and inspire them through extraterritorial experience.To find the ADR system suitable for the national conditions of our countryThe fourth chapter,aiming at the problems summed up in the second chapter,puts forward the idea of improving the ADR in solving administrative disputes in our country,which is divided into two aspects.The first is the concept of the system level,first introduces some basic ideas of ADR,and then puts forward the perfect proposals for legislation and supervision;second is the idea of the operation of the ADR mechanism.It is necessary to solve the problem of linking up the internal systems of ADR and the connection between ADR and litigation system.