Research On Administrative Reconsideration Mediation System

The Administrative Review Law of the People’s Republic of China（hereinafter referred to as the Review Law）has been implemented for more than 20 years.The administrative review system has played an important role in the process of the rule of law,and has increasingly become the main channel for the public to express their interests and seek to resolve administrative disputes.In practice,the administrative review system is becoming more and more complete.Some beneficial innovations and explorations further promote the effectiveness of administrative review and provide valuable experience for the development of administrative law related fields.In the system of administrative reconsideration system,administrative reconsideration mediation is an window system Settings,is the administrative dispute mediation to the sun in the field of lead,also is the traditional and modern,private right relief and the organic integration of public rights relief,not only administrative idea lurking transition from control to cooperation,also reveal to build a service-oriented government,aflexible administrative side.Although the administrative reconsideration mediation system has been constantly controversial since it was legislated in the Implementation Regulations of the Administrative Reconsideration Law in 2007（hereinafter referred to as the Implementation Regulations）,after more than ten years of theoretical and practical tests,people’s understanding of it is more rational and comprehensive,and it is increasingly favored by people.Although practice has fully proved that the administrative reconsideration mediation system has significant advantages in resolving administrative disputes,it still has many disadvantages in theory and practice,such as: Current legislation is limited to administrative rules and regulations of administrative review mediation system level,the nature,function orientation,principles of theoretical research is relatively shallow has long been neglected,even application Settings operability is not strong,applicable scope too narrow,lack of relief and supervision,seriously restrain the function of administrative reconsideration mediation system.Strive for administrative reconsideration in the new era into a resolving administrative disputes under the background of the main channel,how to achieve the goal of the administrative reconsideration "main channel",implement the administrative reconsideration to resolve administrative dispute the quantity and quality,and the effect of the breakthrough,enhance credibility,administrative reconsideration to the administrative reconsideration as the public to resolve administrative dispute,is worthy of deep thinking research problems.Perhaps the existence of administrative reconsideration mediation can give us some useful inspiration.If it can give full play to its functional advantages,it is bound to help achieve the goal of "main channel" of administrative reconsideration.At the historical juncture of the new era,it is necessary to look back on this system from a new perspective,enrich its theoretical research,improve its institutional construction,sharpen its functional advantages,give full play to its advantages of settling disputes,adapt to the new trend of resolving disputes,and respond to the needs of reality.