Research On The Function Of Administrative Mediation From The Perspective Of National Governance

The third plenary session of the 18 th central committee of the communist party of China(CPC)proposed to promote the modernization of the country's governance system and governance capacity,marking that Chinese society moves from "management" to "governance".In this new era,the function of administrative mediation has new connotation.Based on the requirements of The Times in the new era,this paper takes the national governance as the perspective,the administrative mediation function as the research object,the concept analysis of the administrative mediation function,the status and existing problems,and the optimization of the function as the main line,discusses the administrative mediation function.In addition to the introduction and conclusion,this paper is divided into four parts.Part one: the concept and essence of administrative mediation function.This part mainly explains the relevant theoretical knowledge of administrative mediation function,including the concept and content of administrative mediation function,as well as the internal contradictions between administrative mediation functions,and points out that the essence of administrative mediation function is to balance and deal with the relations between its functions based on the basic social and economic environment.The second part: the present situation and existing problems of administrative mediation function.In this part of the first "Nantong model" "maple bridge experience" "Meishan experience" and so on has the typical representative of "big mediation" model as an example,the analysis to the current situation of administrative mediation functions,and the relationship between the use of administrative mediation function,it is concluded that the choice of the current administrative mediation function,namely,give priority to in order to maintain social order,judicial judgment of administrative mediation function is widely used in the people's mediation and administrative mediation function play dominated by state power three characteristics.Secondly,the article points out that,although the administrative mediation function in maintaining social order and improve the effectiveness of the people's conciliation has been fully play,but also the problems in practice,such as attaching too much importance to maintain order and appear illegal mediation,forced mediation,a lot of money and the phenomenon such as "the dimension of the instability";Too much emphasis on the top-down judicial adjudication of the administrative subject and administrative mediation is equal to administrative law enforcement,ignoring the consent of the parties;The state power is too strong,which leads to the administrative and power functions of administrative mediation,and the ability of social autonomy is not improved.Part three: reflection on administrative mediation function from the perspective of national governance.Firstly,under the guidance of the theory of state governance,the author points out that the existing problems in the current administrative mediation function are caused by the maladjustment in the transition period from "management" to "governance".Secondly,by comparing the development prospects of the administrative mediation function under the national center mode and the social center mode,it is concluded that neither of the two modes can give full play to the administrative mediation function.Finally,based on the current background of China's transition from "management" to "governance",it is concluded that the exertion of administrative mediation function should be promoted by the cooperation between the state and society,that is,the selection of the middle-of-the-road model as the development direction of administrative mediation function.In this under the guidance of macro directionality,explore the cooperation mode of state and society function characteristic of administrative mediation,it is concluded that the new features of administrative mediation function should be to service as the basic guide,negotiate as the basic way,with an open form,and respectively from the theoretical basis and practical basis to interpret the rationality and feasibility of the three characteristics.Part ?: optimization of administrative mediation function from the perspective of national governance.Combined with the existing problems of the administrative mediation function in the second part and the new features of the administrative mediation function in the third part under the mode of state and social cooperative governance,the fourth part proposes specific countermeasures for the optimization of the administrative mediation function based on the three features.