Administrative Reconsideration Mediation System Research

The administrative reconsideration and mediation system in China has a wealth of practical exploration and experience accumulation,provinces and cities have also issued local laws and regulations to refine the relevant content of mediation,also achieved good results.However,the imperfection of the domestic superior law and the lack of system construction have largely restricted the play of the administrative reconsideration mediation system.The scope of the study of the administrative reconsideration mediation system in our country is mainly involved in mediation system,legitimacy and necessity of macro problems,including institutional aspects such as the scope of conciliation,mediation program design,and study the premise of will mostly mediation as a kind of the way of the administrative reconsideration case,the mediation system to expand the process of administrative reconsideration,including administrative reconsideration cases,and other procedural stage.It can promote the administrative reconsideration system to better play its role and substantively resolve conflicts and disputes.This part has four parts: The first part is about the necessity of improving the administrative reconsideration mediation system.Through theoretical discussion and practical data analysis,the paper expounds mediation system in administrative reconsideration to settle the role of the function and advantage,to reduce administrative costs,improve the efficiency of administrative reconsideration,realize the balance of public interests and personal interests,reconsideration mediation system is build big mediation pattern under the reality requirement of all kinds of mediation system docking mechanism.The second part analyzes the current situation of the administrative reconsideration mediation system,and puts forward to the existing problems.Administrative reconsideration mediation system has legislative defects,not about the mediation system in the administrative reconsideration law of the provisions of the regulations on the implementation,the law of administrative reconsideration for mediation system stipulation too principle and simple,and mediation scope too narrow,lack of conciliation proceedings,around and through the refinement of normative documents and content of the mediation system too scattered.In the review stage of the lack of mediation procedures,written review is not conducive to the development of mediation work,and there is a lack of mediation procedures in the review hearing and pre-review.The connection between the reconsideration mediation system and various dispute settlement channels is not smooth.There is no clear stipulation on the effectiveness of the reconsideration conciliation statement,and there is a lack of relief for conciliation statement.The connection between mediation and petition in terms of application scope and time limit is lack of institutional provisions.The third part puts forward ideas and countermeasures for the problems existing in the administrative reconsideration mediation system.The scope of administrative reconsideration mediation shall be expanded,the procedures of reconsideration mediation shall be improved,and the institutional provisions of reconsideration mediation shall be improved.Mediation should be introduced in the stage of filing for administrative review,in the hearing system,and in the preliminary procedure of reconsideration,so as to construct a mediation system that runs through the administrative review procedure.Improve the connection with all kinds of dispute settlement methods,clarify the legal effect of the reconsideration conciliation statement,and improve the connection with administrative litigation;We will improve the connection between the administrative reconsideration mediation system and petition system,and the connection between the administrative reconsideration mediation and the people’s mediation.The fourth part combined with practical experience and exploration achievement,aiming at the existing problems of the administrative reconsideration mediation system ideas and countermeasures are put forward.Standard and improve the system of administrative reconsideration mediation,in the general principle of expanding the scope of the administrative reconsideration mediation,according to different administrative behavior and administrative dispute,strictly defined to expand the scope of the mediation;avoid blindly expand the scope of mediation in disguised form Perfect reconsideration mediation procedure,perfect the system of reconsideration mediation rules.Through review the effectiveness of the conciliation statement analysis,is clear about the effectiveness of the effectiveness of the conciliation statement is equivalent to the decision of reconsideration,the conciliation statement must review the actionable.In administrative reconsideration "state",the case review phase of mediation system,introduced in the program of the hearing system and the pre-review mediation system,building through the mediation system of administrative reconsideration application.Under the background of the revision administrative reconsideration in the law,and build big mediation pattern of environment,based on the mediation in the administrative reconsideration to settle the role of the dominant function orientation and necessity,according to the development of reconsideration mediation system,through the analysis of the regulations on the implementation of administrative law and the regulation of some parts of the normative document content,analysis of reconsideration mediation cases and related data,summarizes help reconsideration mediation system perfect Suggestions,trying to further construct and perfect the administrative litigation,letters and visits,the people’s mediation system of administrative reconsideration of butt joint mediation system.