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As a work of administrative reconsideration process as a way of administrative disputes, administrative reconsideration mediation mechanism of the times required, in line with China's national conditions, in practice, for the administrative relative person provide convenient, fast, low-cost right remedy, effectively resolve the executive authorities and the relative the contradiction between people, to solve administrative disputes, in promoting social harmony has played an active role. In this paper, the work of administrative reconsideration mediation instance, the concept of mediation from the administrative reconsideration start, its capabilities and limitations of dialectical analysis, improve the administrative reconsideration mediation mechanism. This paper consists of three parts. An administrative reconsideration mediation Overview This section illustrates the mediation, administrative mediation, administrative reconsideration mediation concept and characteristics, describes the development process of administrative reconsideration mediation, conciliation scope of administrative reconsideration is different from the existing legislation did defined and demonstrated with examples administrative reconsideration cases apply conciliation view. Administrative reconsideration Mediation is a way of administrative reconsideration and means are in the administrative reconsideration, administrative review authority in accordance with the application of the parties in dispute, or on its own initiative case processing needs, the identity of a third party, in accordance with national laws, regulations, regulations and policies, and social ethics, the two sides to mediate the dispute, persuade, encourage them to understand each other, to negotiate a voluntary agreement to eliminate disputes activity. In broad terms, the administrative reconsideration mediation should belong to an administrative mediation. Both have the following characteristics: First, the administrative body as a neutral third party to provide assistance for the settlement of disputes; Second, in the mediation process, the parties to the dispute always has a decisive role; Third, mediation is based on the rules very flexible; fourth, follow the voluntary and legal principles. In addition to having a common foreign and administrative mediation, administrative reconsideration mediation has particularity: First, the administrative reconsideration organ for administrative reconsideration mediation presided over by make specific administrative act administrative organ is one of the parties disputes; and general administrative mediation is set by administrative authorities act as mediators, parties to the dispute is the administrative counterparts; Second, the object of administrative reconsideration mediation administrative disputes, general administrative mediation is the main target of civil disputes; Third, administrative reconsideration mediation administrative reconsideration cases occurred in the review process , general administrative mediation is having its relative independence. For the scope of administrative reconsideration mediation, the paper said: reconsideration organ handling reconsideration cases for mediation principles. In view of this issue for administrative mediation, can be converted perspective, do not discuss the disposition of executive power, but only emphasized the mediation mechanism is based on its review of the functions and practice the role and developed alternative dispute resolution mechanisms is to promote mutual recognition of each other's parties factual evidence and legal advice and legal mechanisms for the formation of a consensus, not a right of action on administrative legal mechanism. So applicable administrative mediation, without assiduous may not dispose of executive power to overturn the principle, so that it may justifiably; rather should focus on the specific case, according to the administrative action dispute the specific circumstances to determine their suitability for mediation rather specific administrative act can not be classified in the first custodial beam or discretionary, and then decide whether to apply conciliation. Second, the administrative reconsideration mediation mechanism dialectical analysis of (a) the function of this administrative reconsideration mediation from the administrative relative person (mainly refers to the administrative reconsideration the applicant), administrative organs, social these three aspects to analyze administrative reconsideration mediation function. First, to the administrative relative person provide convenient, fast, low-cost right remedy; Second, the administrative reconsideration organ solve disputes, improve administrative efficiency as a means of handling; Third, reduce antagonism and promote social harmony. (Two) administrative reconsideration mediation limitations. As a way of closing the administrative reconsideration, administrative reconsideration mediation obvious advantages, positive indeed encouraged, however, like any thing has two sides, as the saying goes too far, not because of the positive role of mediation it as Tranquility recipe, blindly exaggerated its role, while ignoring its limitations. Under the current legislation, the provisions of the administrative reconsideration mediation principles too, if there is no proper regulatory procedures, the lack of the minimum requirements of due process safeguards, mediation flexibility easily be abused, leading to the result of injustice, so it should be clear to standardize administrative reconsideration mediation operational procedures, how to standardize administrative reconsideration mediation, we propose a different view, that is focused on the administrative reconsideration mediation supervision. In practice, the generalization of the impact of administrative reconsideration mediation administrative law concept of an objective rule of faith to stop the generation. In addition, problems arise in practice be easily enumerated. Third, improve the administrative reconsideration mediation proposal (a) legislative proposals for administrative reconsideration in practice problems, proposed to establish the authority of administrative reconsideration, administrative review to establish the implementation of staff qualifications and treatment systems and other legislative proposals. (Two) pay attention to administrative reconsideration mediation techniques and methods to ensure the success of administrative reconsideration mediation, improve the quality of mediation, conciliation must focus on the skills and methods of this section to pass an instance of Analysis of the administrative reconsideration mediation techniques and methods related to problem, then do to summarize, discusses the pre-mediation phase, beginning mediation, mediation, conciliation after the end of each stage should be used such methods and strategies, and communicate with the applicant and the methods and techniques to communicate with the applicant methods and techniques for detailed analysis. (Three) train outstanding administrative reconsideration, administrative reconsideration excellent mediator mediator should have fair and decent, honest and trustworthy personality qualities and excellent business ability and quality. Positive impact and create a good working atmosphere of professional ethics, morality must be committed to creating a good, strong sense of dedication, healthy lifestyle reconsideration staff, for the outstanding growth of the facilitator to create a good environment is more important continuous learning is the only way is to improve the ability and quality. (Four) to strengthen the supervision of the administrative reconsideration mediation mediation on illegal lax supervision ultimately harm the authority of the state, through the Authority to promote the standardization of administrative reconsideration mediation, mediators can make reconsideration within the law, give full play to the initiative and creativity, in order to innovative thinking emerged administrative reconsideration mediation fresh facial features, so that administrative reconsideration mediation capabilities and advantages of fully demonstrated to improve the quality of case handling administrative reconsideration. Recommended the development of administrative reconsideration mediation cases methods of supervision, including supervision of the content, methods of supervision, monitoring the results. Under the new situation, we need to re-examine the administrative reconsideration mediation, conciliation behavior norms, and constantly improve the administrative reconsideration mediation mechanism, give full play to its resolve social conflicts and promote social harmony function and role, the effective resolution of administrative disputes, social equity and justice.
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