On The Administrative Mediation Mechanism Of Administrative Disputes

As one of the dispute resolution mechanisms,administrative mediation has been limited to the civil dispute between the equal subjects within the scope of the state administrative organs.The development of society is accompanied by the growth of contradictions,the proliferation of administrative litigation,and the dispute resolution mechanism are gradually developing towards diversification.In 2016,the Supreme People's Court issued the "Opinions on the People's Court to Further Deepen the Reform of Diversified Dispute Resolution Mechanisms"(hereinafter referred to as "Opinions"),of which the 21 st point "promotes the improvement of administrative mediation,administrative reconciliation,administrative rulings,etc.The organ conducts administrative mediation on administrative compensation,compensation,and the discretion of the administrative organ to exercise the discretionary powers stipulated by laws and regulations,and supports the administrative organ to guide the parties to negotiate and reconcile and provide administrative rulings by providing factual investigation results,professional appraisal or legal opinions.Civil disputes closely related to administrative activities.” Special mention of administrative mediation supports the exercise of discretion in cases of mediation,and it is clear in writing that administrative actions are adjustable.In reality,after a dispute has arisen between a citizen and an administrative organ,it is often not resolved by the judicial organ and seeks a resolution from a higher administrative agency.This point can be seen from the current large number of petition cases.It can be seen that the inclusion of administrative disputes in administrative mediation is in line with people's psychological needs and helps to solve problems.According to this,all administrative disputes should be included in the scope of administrative mediation.This is"both want and can".In summary,the scope of administrative mediation mainly includes administrative disputes and civil disputes.The former refers to administrative disputes between administrative subjects and administrative counterparts,that is,external administrative disputes,and between members of various units within specific administrative affiliation.The administrative disputes,that is,internal administrative disputes;the latter are mainly limited to civil disputes related to administrative powers.The limited nature of judicial resources has promoted the development of various mediation methods.The mediation results of administrative mediation as the mediation method of public power intervention have only had the effect of“agreement”in the past,and they are not enforceable,but The discretionary case confirmed by the Opinions is adjustable,and the discretion of the administrative organ is concentrated in the administrative punishment and has enforcement power.This paper mainlydiscusses the legal research on the mediation behavior of the discretionary case(the main direction is administrative punishment)and the mediation behavior before the lawsuit and the mediation result under the new situation.This article takes Article 21 of the Opinions as the entry point,and takes the administrative punishment case of exercising discretion as the research content,from the overview of the administrative mediation system,the relationship between administrative mediation and other dispute resolution methods,and the administrative mediation under the new era.The role of administrative disputes(the significance and the system of administrative mediation in the administrative improvement of administrative disputes)are discussed and analyzed in four aspects.The research results are mainly suggestions for improving the administrative mediation system in China.The first part is an overview of administrative mediation.Taking the concept of administrative mediation as the entry point,the author introduces the "new" meaning of administrative mediation through the comparison of subject,basis,principle and scope.According to the academic circles and relevant regulations,the concept of administrative mediation is integrated and analyzed,and the concept of administrative mediation is defined.Then,it analyzes the characteristics and characteristics of administrative mediation,lists other solutions to introduce administrative disputes,and has a basic understanding of other solutions(administrative dispute resolution mechanism),paving the way for further research.The second part is the evolution of China's administrative mediation system.From the historical perspective,we study the development process of China's current administrative mediation system,and how this development process affects the existing problems.From the perspective of the system itself,it analyzes the situation between the administrative mediation system and China's current mediation system and the current administrative relief system,and points out contradictions,paving the way for the following.The third part is the significance of the administrative mediation system in the new era to solve administrative disputes.This part mainly emphasizes the advantages of administrative mediation and the promotion of building a service-oriented government in terms of professionalism,efficiency and convenience.The fourth part is the improvement of the administrative mediation mechanism of administrative disputes.Through a brief introduction to the extra-territorial dispute resolution mechanism,we will talk about the enlightenment of the establishment of China's mediation system,and put forward some countermeasures and suggestions for improving the administrative mediation system.