Mediation of Administrative Reconsideration

[Abstract] August 1, 2007 the formal implementation of the <<People's Republic of Reconsideration Regulations>> the first time in legislation establishes a mediation system of administrative review, the establishment of this system in line with modern administrative Law is not only on the desired administrative theory of value orientation, but also for the applicant to ease antagonism between the executive, administrative cost savings and cost relief applicant, to promote flexibility of administrative dispute settlement to achieve income v. only war, the goal of harmonious society is of great significance . In this paper, the concept of administrative mediation and value of stArting to review our current legislative status of the mediation system and the need to make a further improvement of the problem.

[Keywords:] administrative mediation, legislative status, and improve vision
[Text]
Mediation in the "" Modern Chinese Dictionary>> explained as "to persuade both sides to eliminate disputes." In China, It is a widely used method of dispute resolution, but also a host of social values, institutional culture, reflects the traditional Confucian culture pursuit of the ideal of natural order and harmony. However, with strong community based mediation system has not nurtured its growth in the soil due to play a dispute resolution function. a long time, only in the private sphere by the State's approval, mediate Civil disputes such as the principle focus, and in the public domain despite the fact that the existence of related disputes through mediation to resolve the many examples, but the state legislature has been the exclusion of the use of the way. If enacted in 1989 <<Administrative Procedure Law> > expressly provides administrative case to mediation does not apply the principle, then, enacted in 1990 <<Administrative Reconsideration Regulations>> and made the further affirmation of the principle. in the legislative, administrative disputes resolved through mediation, the ice is not allowed until August 1, 2007 <<People's Republic of Reconsideration Regulation> "(hereinafter referred to as <<Implementing Regulations>> the implementation of the pArty is broken," <implementing regulations>> Article 50: The following cases One, the administrative reconsideration organ may in accordance with the voluntary and Lawful principles of mediation: (a citizen, legal person or other exercise of the executive Law and regulations the discretion of the specific administrative act made against an application for administrative reconsideration, ( Second, executive compensation between the pArties or administrative compensation disputes. <<Implementing Regulations>> the administrative review of the provisions of the Dispute Settlement Mechanism of mediation as an effective tool in providing a more practical system conditions, which for ease the applicant and the antagonism between the executive, the cost savings of the executive and the applicant relief costs, promote flexible administrative dispute settlement, to income v. only fight, the good effects of a harmonious society of great significance. but to promote harmonious the level of social construction point of view, "<implementing regulations>> concerning the provisions of the mediation system is not perfect, there is also further improve and enhance the space.

I. Overview of administrative review mediation system
(The meaning of an administrative reconsideration of the mediation
Administrative mediation refers to the administrative review process, review the administrative reconsideration organ involved in a case investigators under the auspices and coordination, according to the administrative dispute for consultations, so as to achieve consensus to resolve administrative disputes the activities carried out. Administrative review conciliation the following characteristics:
1, administrative mediation cases in the review process of administrative reconsideration. As the administrative review authority is reviewing the mediation is the right of review rather than administrative agencies to expand executive power extension, so only the pArties in the review process of negotiation behavior reconsideration reconsideration completely authorities under the auspices and supervision to ensure that the dispute over the administrative reconsideration, the right to exercise jurisdiction to prevent both malicious collusion or unilateral pressure on the executive authorities and other illegal activities.

2, in addition to the main body of the administrative reconsideration organ for reconsideration mediation can only review the party outside. Administrative review may be due to this or that legal interest, and there are multiple participants, but only as a consultative body of mediation is the applicant, applicant and the third person, other persons with the applicant, the respondent or a third person can not be called reconsideration of the relationship between the mediation of the relationship. Of course, if the interests of others involved in the mediation, the reconsideration organ shall be based on the principle of trust protection to prevent reconsideration willful infringe legitimate rights of the parties.

3, the administrative review the subject of mediation should be conducted for the administrative dispute. Both parties dispute the specific administrative act is the subject of the mediation must be conducted only for the act, if the applicant promised after the interests of the applicant to reach a desired manner suggested, then is not reached on the specific administrative act of mediation, which not only failed to resolve administrative disputes from the fundamental, and may give rise to new disputes.

4, the administrative reconsideration purpose is to enable the parties to mediation to reach agreement. At this point, administrative mediation and Civil mediation there is no essential difference between the parties must have the true meaning of that voluntary agreement. At the same time the agreement is valid, needed by the review authority shall strictly review.

(B administrative mediation necessity and importance of the system
Establishment of mediation system of administrative reconsideration of modern administrative Law is not only desirable Administration theory on the value orientation, but also for easing the antagonism between the applicant and the executive emotional, saving administrative costs and the cost of the applicant's relief, and promote flexible administrative dispute settlement, to achieve interest v. war ended, the goal of harmonious society of great significance.

First, the administrative review system in line with modern administrative law mediation agreement Administration theory on the value orientation, which can effectively resolve social conflicts, and coordinate the interests of society as a whole and individual interests, to promote the harmonious development of man and society. The so-called consensual administrative theory, the general is provided by the Chief of the main channel of the administrative process involved in the administrative counterpart, declare their interests in management decision-making and administrative body to influence the administrative means. the theory to some extent reflects the humane care, encourage, support Chief among the main and the executive relative to the sincere cooperation to achieve national interests, public interests and private interests to maximize and optimization. on the administrative body, the co-Administration can save administrative costs, improve administrative efficiency and administrative purposes smoothly , relative to the Administration, the co-Administration can make its own benefit, to enjoy the administrative body to provide high quality services. The more the full cooperation, the greater the likelihood of mutual understanding, the possibility of conflict will be resolved more fully. From the above described the following conclusions can be drawn: the emergence of the administrative dispute, the parties according to the principle of voluntary, specific administrative act by the administrative body of the same level government or higher authorities to provide a platform for coordination, administration of the main terms of reference of the statutory within, without prejudice to national interests, public interests and the interests of others, under the premise of the authority to make changes made to the administrative action is in line with consensus administrative theory. Second, the administrative reconsideration mediation system in line with our "precious" and the traditional culture , is conducive to alleviating the applicant antagonism between the executive, administrative cost savings and cost relief applicant, to promote flexibility of administrative dispute settlement. Because mediation is that both sides concluded the results of consultation on equal footing, both parties are easy to accept psychological, generally will not Bank sued the one hand, the cost savings of the applicant's relief, it also saves the administrative authority to the respondent to pay a lot of time and energy to make administrative decisions can be implemented quickly. involves the implementation of the administrative dispute the applicant mediation is successful, reducing the execution part, greatly improving the efficiency of the executive, administrative cost savings.

Second, the administrative review of the existing institutional framework and lack of mediation
(A mediation system of administrative review legislative study
Mediation of the administrative review system has Experienced a gradual and then from negative to noncommittal positive developments:
December 24, 1990 the State Council issued the <<Administrative Reconsideration Regulations>> clear that mediation does not apply for administrative reconsideration cases, from the legislative rejection of the possibility of administrative mediation.

April 29, 1999 announced <<Administrative Review>> Although the abolition of the mediation provisions do not apply, but it is not clear that mediation can be applied in the administrative review. But in practice, since the administrative review, local agencies and departments administrative reconsideration organ for the effective settlement of administrative disputes, to quell the "official people" conflicts with the actual cases with different degrees of mediation means, also achieved good results, and for a means of handling reconsideration cases using mediation has become the reconsideration organ summary Experience is often mentioned in words. But this time the review is just around the reconsideration organ mediation practice acts, there is no unified, standardized system.

Into the twenty-first century, through the practice of exploration and testing, beginning in some places by local legislation in the form of mediation as a system of administrative review of the plan, but the scope is often limited to hearing cases related to executive compensation, such as: 2003 on November 28 in Shandong Province of the Tenth People's Congress adopted the fifth meeting of the <<Shandong Province Regulations on Administrative Review>> Thirty-fourth provides that "an administrative reconsideration organ under the provisions of article twenty-ninth the Administrative Review Law, decision to annul administrative compensation given to the applicant, may the scope, method, amount, duration of mediation. "
March 2004 the State Council promulgated the <<full implementation of the Platform to promote administration according to law>> that: "To improve the system of administrative review, and actively explore to improve the quality of administrative review of the new ways, new initiatives." In the same year on May 14 <<State Office of the State Council administrative review cases on Several Issues Concerning the process>> states: "The review by the Legislative Affairs Office of the State Council, according to the law should be withdrawn, changed the former provincial executive level administrative reconsideration decision, administrative action or agreed abstract unlawful, by the State Council Office of Legislative Affairs in consultation with the relevant administrative organs, consensus through consultation, the relevant administrative authorities agreed to self-correct, in general no longer be submitted to the State Council for approval of disagreement, the relevant administrative authorities do not agree to make corrections to the State Council Legislative Affairs Office of the State Council for approval. "The first times by the country's highest administrative organ for reconsideration must state the case in the trial can be "negotiated" deal, in September 2006, the CPC Central Committee General Office of the State Council formulated the <"On the prevention and resolution of administrative disputes and improve administrative dispute settlement mechanism view>> and specifically mentioned "focus on the use of conciliation to resolve administrative disputes, efforts to achieve the things Case Closed," "To establish a sound administrative reconsideration, administrative litigation and mediation mechanism for effective integration of ... ... to rule on administrative disputes before, to actively create the conditions for the parties settle on their own. "In the same year on October 10 Sixth plenary session, clearly stated," complete administrative review system ", which are promoting the establishment of a comprehensive review and mediation system provides adequate policy basis. December 2006, the State Council held a national forum on the work of administrative reconsideration, specifically requested "administrative review must be innovative ways to improve the efficiency of the settlement of administrative disputes. To promote 'and for your' traditional culture, focusing on the use of conciliation, mediation and other means to resolve conflicts, balance interests of the parties and the executive authorities to promote mutual understanding and trust, and minimize the negative effects of administrative disputes. "drawn up after the State Council Legislative Affairs <<Implementation Bill>> Bill, in May 23, 2007 by the State Council No. 177 through the executive meeting, August 1, 2007 shall come into force. <<Implementing Regulations>> the first time in the level of national legislation on the administrative review system made provision for mediation, conciliation and the basic principles of administrative review, scope and operation procedures were clear.

Since then, the provinces and the State Council departments Reconsideration and regulations are made on the administrative review provisions of the mediation, individual local governments or government agencies also enacted a special law for administrative reconsideration or require mediation, conciliation specialist of the administrative review system was standardized, such as the August 13, 2007 executive session of People's Government of Hubei Province through the <<Implementation Measures of Hubei Province administrative review>>, 9 November 2007 the Ninth Ningxia Hui Autonomous Region People's Congress adopted the thirty-first session The <<Ningxia Hui Autonomous Region Regulations on Administrative Review>>, September 25, 2007 the State Administration for Safe Production Supervision and Management Office meeting examined and adopted the <"Safe production and administrative review requirements>> and the Legislative Affairs Office of Jilin Provincial Government established < <Jilin Province administrative mediation approach>>, the Hubei Provincial Government's <<Hubei Province administrative mediation approach>>, Hangzhou Municipal Government announced <<Hangzhou administrative mediation Interim Regulations>> so, recently, in Shanxi Province The Government Office of Legislative Affairs is also on the <<Shanxi Province administrative mediation settlement approach>> for public comment.

(B administrative review of the existing institutional framework for mediation
By <<Implementation Rules>> and local and State Council departments of the review regulations, Measures, China's mediation system framework for administrative review include reconsideration of the basic principles of mediation, application and operating procedures:
1. Administrative review should follow the basic principles of mediation
<<Implementing Regulations>> Article 50 provides that "one of the following circumstances, the administrative reconsideration organ may, in accordance with the voluntary and lawful basis for mediation", "<Implementation Measures of Hubei Province administrative review>> thirty-second article," Administrative Reconsideration Jiguan case in the adjudication of administrative review, ... ... in both parties a voluntary basis, for law mediation process, "<<Ningxia Hui Autonomous Region Regulations on Administrative Review>> Article provides that" the administrative reconsideration organ for administrative reconsideration case mediation, should adhere to the voluntary and legal principles "," "Safe production and administrative review provisions of>> the thirty-fourth article," one of the following circumstances, the safety agency can follow a voluntary administrative review and legal principles of mediation. "From the above provisions It is obvious that the mediation must follow the administrative review two basic principles:
(A voluntary basis
The basis of voluntary mediation, in the administrative reconsideration, the applicant and are only voluntary mediation, the administrative reconsideration organ to mediate. Administrative review of voluntary mediation is mainly reflected in four aspects: First, start the mediation process voluntary. mediation means both parties can be made by any party, as well as by the administrative reconsideration organ, but start the mediation process, you need common consent of all parties. Second, the end of the mediation process is voluntary. Mediation is on the rights of the parties (force of free action. Therefore, in the mediation process, when any one of the parties do not wish to mediation, the administrative reconsideration organ shall terminate the conciliation proceedings. Third, the right (power of voluntary action. administrative reconsideration organ plays in the mediation of communication, consultation, the role of persuasion, but not a substitute for the parties the right to dispose of (power, can not use its own advantage, forcing the parties to dispose of their right (or power. How to dispose of the right (power depends entirely on the will of the parties. Fourth, whether to accept the results of mediation voluntary. settlement agreement reached after mediation before the commencement of the administrative review whether the parties accept the mediation results depend on the will of the parties.

(2 legal principles
Mediation shall be the administrative review. Administrative review, although mediation by direct, in-depth, detailed education, counseling, coordination of the parties to reach agreement to promote, but the results of mediation and conciliation procedures should be consistent with the law. Administrative reconsideration of the legitimate mediation mainly reflected in two aspects: first, the administrative reconsideration organ shall, in accordance with legal principles, procedures, scope for mediation. Mediation is the administrative review of administrative reconsideration organ for administrative reconsideration to exercise the right of the specific embodiment of the power must be exercised according to law. s Second, the parties of their rights (power of action shall not violate the prohibition law, and shall not harm national interests, public interests and the legitimate interests of others.

2. The scope of administrative mediation
By <<Implementation Rules>> and the relevant departments of the provinces and the State Department review regulations and rules by administrative mediation only applies to the following two conditions: (1 citizens, legal persons or other organizations on administrative organ to exercise the law and regulations the discretion make the right refuses to accept a specific administrative act of an application for administrative reconsideration. (2 executive compensation between the parties or administrative compensation disputes. This is also the theory and legislation the scope of a recognized legal profession in general, but in practice the administrative review of its mediation far beyond the scope of this, such as: <<Jilin Province administrative mediation approach>> Article IX provides that "one of the following circumstances administrative review cases, the administrative reconsideration organ may mediate: (a case is complex, serious emotional confrontation between the parties, and the preponderance of the evidence is difficult to form both cases, (b relevant laws and regulations do not provide or the provision is not clear, in applying the law has some difficult cases, and (iii specific defective or improper administrative action but not of the reversal, change confirmed cases of illegal, (iv specific administrative act as administrative decisions, administrative contract or administrative discretion to act in cases, (five related to executive compensation executive, administrative compensation cases (six other possible cases of mediation. "<<Hubei administrative mediation approach>> Article IX provides that "one of the following circumstances cases of administrative reconsideration, administrative reconsideration organ may mediate: (a case is complex, serious emotional confrontation between the parties, and the preponderance of the evidence is difficult to form both cases, ( Second, the provisions of relevant laws or regulations do not clearly does not, in applying the law have some difficult cases, (c sensitivity to strong, the case of a large degree of social concern, and (iv defective specific administrative act or inappropriate cases (five specific administrative action for administrative decisions, administrative contract or administrative discretion to act in cases, (f involving the executive fails to perform its statutory duties and related executive compensation, executive compensation cases, (seven other cases for mediation. "Moreover," < Hangzhou Provisional Regulations on Administrative Reconsideration mediation administrative reconciliation >>,<< mediation Jinan Provisional Measures>>, also on the scope of administrative reconsideration made mediation a larger expansion.

3. Administrative review procedures of mediation
Whether <<Implementation Rules>>, or other review provisions of this Ordinance or the approach was very simple, the general provisions of the administrative review only closed as a way of mediation, the parties shall have agreed to affix the seal of the administrative reconsideration organ mediation in the form of administrative review to be confirmed, and served on the parties to, and very little on how the provisions. At present this is more clear is that the provisions of <<PRC Customs Administrative Reconsideration> "and" <Hangzhou administrative review Interim Provisions >>,<< mediation of Customs Administrative Reconsideration>> way to set out in Article IX: "Customs mediation presided over the administrative reconsideration organ shall, in accordance with the following procedures: (i seek the applicant and the applicant agreed to mediation will, (by the applicant and the two agreed to begin mediation, (c listen to the views of the applicant and the respondent, (d proposed mediation program, (five to reach a mediation agreement. "<<Hangzhou mediation work of administrative reconsideration Interim Provisions>> Article VIII provides: "An administrative reconsideration organ for administrative reconsideration cases presided over the mediation shall be in accordance with the following procedures: (a identification facts of the case, (b seek the views of the mediation agree, (c distinguish between right and wrong responsibility for communication and coordination, (d bring the two sides reached a mediated settlement or agreement, (e review the settlement agreement or mediation agreement, (vi termination of the administrative review hearing (applicant or third party required mediation for administrative reconsideration, it shall make an administrative reconsideration mediation. "
(C administrative review of the current lack of mediation system
Throughout the administrative review of the structure and content of the mediation system, regardless of the overall integrity of its structure or its contents has been set reasonable and appropriate sexual point of view, all and "<Implementing Regulations>> the legislative purpose and the current administrative mediation there is a big gap between the actual work, mainly in:
1. Narrow scope of application requirements.

One purpose of the administrative review system is to resolve administrative disputes and promote social harmony, in this sense, they do not violate the basic spirit of modern law and basic principles of administrative law, to choose which to resolve administrative disputes in favor of specific ways and means should not be limited, the national and some provincial and municipal legislation to shift the administrative review in the mediation expressly limited the scope of discretionary behavior and executive compensation and compensation disputes, and administrative review system is obviously inconsistent with the purposes above-mentioned legislation. Although, as previously specifically mentioned in some provinces and cities to develop the mediation of administrative reconsideration or administrative review provisions of mediation has been a large expansion of the scope of application, but after all these provisions and contrary to national or local legislation, suspected illegal escape. And the reason why legislation Such provisions are based on nothing more than the reasons for the executive power can not freely dispose of the basic principles of administrative law, which I beg to differ. First of all, on the reconsideration, the respondent in its superior organ (the Zhuchi reconsideration organs, supervision, coordination to dispose of their powers ( The biggest difference between reconciliation and review is not "free action" Putting aside that the executive alone can dispose of their own power, it is not limited to these two types of situation. of the executive behavior of a variety of categories, both can be divided into administrative action for the restrictions there and discretionary administrative act, can be divided into administrative actions in accordance with the terms of the administrative action by the application. And I think that in addition discretionary administrative actions, according to administrative action to apply the restrictions there is also the executive may dispose of their own Space: administrative action by the application refers to the executive must have a relatively square to the implementation of the application of administrative acts, such as for administrative approval, some of the administrative decisions and administrative confirmed (determined behavior. such conduct has two basic characteristics: first, , the implementation of such acts must be a relative's application for the premise, and the second, the content of such behavior and relative's application must be closely related to the request. If the administration to give up or change relative to the application request, the executive has the right to (and the corresponding obligation to adjust their administrative acts. This means that if the application because of the restrictions there against by an administrative review administrative acts, administrative management in the review process relative to give up or change the application request, the administrative authorities have the right to to adjust its original administrative act, which is of such administrative action against cases of a reconsideration of the basis for mediation. Links http://www.hi138.com Research Papers Download I once had an administrative contractor reconsideration of the case is a good example: in March 2006, a college professor against two dozen old city planning bureau to issue a real estate development company in the name of Lake Square Area D Building <<construction project planning permit>>, City drew to an administrative review. the old professors said the City Planning Board for planning permission in the name of Lake Square D building residential houses and buildings where they live adjacent to the Urban Planning Bureau in the implementation of the administrative license without permission in accordance with the provisions of this Act as neighboring right of their people, and building permit construction of buildings and their living space is too narrow, does not conform to the relevant planning technical specifications, will seriously affect their residential house ventilation and lighting, the request shall revoke the license. upon by the trial identification of the Urban Planning Bureau in the implementation of the licensing process does not permit in accordance with the provisions of Act, sixteen stakeholders informed as the applicant, the name of its licensing Lake Square D residential housing construction height limit of buildings and the buildings buildings and residential building construction the applicant does not meet the national mandatory interval ratio standards. in accordance with the law and permit review provisions of the Law is no doubt that the license will be revoked, but this time the third case, a real estate development company request for a review and coordination authority indicated its willingness to D buildings housing the building height reduced to the required standard, after the review authority under the auspices of the consensus tripartite follows: First, the applicant drew the third change to the building housing the planning application D, the original 17-story building change to the application layer 16, second and third respondent's application for change based on the original <"Architecture and planning permit>> change the content accordingly, the three, the applicant agreed to waive the relevant reconsideration request. successful mediation case closed. Although the case against the administrative licensing administrative action that the restrictions there, but it is also an administrative act in accordance with the application, the application because the applicant changed the request of the original administrative licensing authority is not permitted to be adjusted to act against modern The basic spirit and fundamental principles of administrative law, but rather and "<Administrative Permission Law>> 49 on the" licensee requests for modifying the administrative licensing items shall decide an administrative license to the administrative authorities to apply, meet the statutory conditions and standards, the administrative organ shall handle the modification procedures "consistent with the provisions. So by applying the restrictions there against administrative acts of administrative reconsideration cases also the possibility of mediation.

In addition, I believe that some of the following specific administrative acts against the reconsideration of cases heard by way of mediation, it not only does not violate the basic spirit of modern law and basic principles of administrative law, as well as conducive to a harmonious "public official" relationship, and promote the construction of harmonious society :
(1 for refusing to accept the ruling and do some of the people involved in the interests of the third administrative recognized (recognized acts of reconsideration cases. Due to administrative decisions and matters involving the interests of the people of the third administrative recognition behavior (such as labor and social security departments of the injury behavior is identified administrative decision relative to the people of disputes or confirmation, the root cause of such disputes between the administration of relatively Civil disputes, as long as the Civil dispute resolution, and the corresponding administrative disputes will be resolved, and Civil disputes, mediation can be used settlement, so such cases can apply for administrative reconsideration of the way the mediation hearing.

(2 requiring the executive to perform their statutory duties, the executive in the review process has been actively perform their duties or in the review process the applicant recognized commitment to actively perform their duties reconsideration cases,
(3 defective administrative action to revoke, change or confirm the law will result in greater losses or legal rights of the parties does not actually affect the executive has also been clearly recognized and promised to be improved in future work of the review cases,
Some provinces and cities above mediation or administrative review provisions of some of these types of cases have been cases of mediation into the scope of administrative reconsideration is a good example.

In summary, the legislation will be the scope of administrative reconsideration, mediation is only limited to discretionary acts and executive compensation and compensation disputes is obviously not conducive to maximize the means of mediation in resolving administrative disputes, the case statement to achieve things, to promote harmonious society role, but also obvious and the practice of administrative mediation out of touch.

2. Operating Procedures oversimplification.

The exercise of any power must have standardized procedures to restrict, or are likely to be abused. Mediation is the administrative review of administrative reconsideration organ for administrative reconsideration to exercise the right of way, it also need to improve the standard procedure to bound from above of the Chief review the contents of the mediation system is not difficult to see that the current review of the provisions of this mediation system is too simple, it is difficult to ensure the proper and fair mediation. startup process such as mediation, conciliation period, the steps and termination of the mediation process and so is not specified.

3. Monitoring requirements Remedies missing.

Administrative review within the system, after all, an executive-level monitoring system, as review staff levels, according to law sense, and many other reasons, do not rule out a violation of the mediation process and the effect of voluntary principles of the mediation and damaging the public interest legal rights of others or violate the laws and regulations that the situation should therefore be after the commencement of the administrative review of the mediation channels of supervision and to provide for relief, and <<Implementing Regulations>> the requirements in this area was missing.

Third, China's administrative review and the concept of Mediation System
In response to these shortcomings, I believe that with our current system of administrative mediation improve the legislation as follows:
(I expanded the scope of administrative mediation
To achieve administrative reconsideration case things end goal, we must maximize the mediation means to resolve contradictions and disputes advantage, and means to maximize the advantages of mediation, we must expand the scope of administrative mediation. One must be clear administrative review cases in the identification of facts and does not harm the national interests, public interests and legal rights of others under the premise of the parties voluntarily and not in violation of state law, based on the principles of treatment can mediate. As long as the content and mediation manner that is not in violation of state law, and not have to give up the existence of the executive duties of the possible freedom of action of administrative power, so shall also meet the service administration, the development trend of desired administration. The second is a clear case of certain types of administrative reconsideration organ review make a reconsideration decision shall conduct mediation, such as the exercise of administrative discretion, administrative compensation and executive compensation, administrative contracts, administrative reconsideration case ruling class in order to ease administration relative antagonism between the executive and promote flexible administrative dispute settlement Case Closed efforts to achieve things, to promote a harmonious society.

(B improve and harmonize administrative review procedures of mediation
1, clearly the start and termination of the mediation process.

Start mediation in two ways: one is actively involved in a case review authority to review the mediation application. One application, the review authority with the approval of the consent of other parties to start the mediation process, the parties have put forward applications for mediation, In the last party to submit an application to start the mediation process. involved in a case initiated by the review of cases applying the mediation, the reconsideration organ shall be full consultation with the applicant wishes to ensure that applicants voluntary mediation, to prevent the administrative counterpart to fear because of the executive powers were forced to accept mediation. the other is the review authority considers necessary and possible to resolve administrative disputes through mediation, upon the consent of the parties have agreed, you can start the mediation process.

Termination of the mediation of the following circumstances: First, the mediation settlement agreement can not be reached within the time frame, the second is a mediation agreement reached in violation of state law or harm national interests, public interests and legal rights of others and can not be reached within the time frame in the mediation of new mediation agreement of the second, one of the parties in the mediation process does not agree to mediation, the third time the mediation is over, the fourth is one of the parties refused to take receipt of the administrative review mediation, the five parties to sign the receipt of all administrative review or mediation document.

2, clear operation and review of the mediation process.

One is clearly in the administrative reconsideration organ for administrative reconsideration in terms of mediation, the mediation process is mainly regulated power and the power of supervision and mediation agreement, in order to avoid excessive use of reconsideration authority the right to review the mediation, two mediators is clear the requirements of the administrative review and avoid system, and the third is a clear time limit for mediation. administrative mediation cases in the review process of administrative reconsideration of a system running, in order to prevent the transfer case for a long time without resolution, avoiding problems, the time limit should be strictly limited to mediation in the legal cases of administrative reconsideration During the review, which is generally the case for administrative reconsideration decision within 2 months, the situation is complex, and may be extended no more than 30 days. Meanwhile, the administrative reconsideration organ can not be any mediation as an excuse to extend the review period for the reconsideration of cases, contrary to the administrative review timely, and convenient principle. Fourth, a clear operational procedures of mediation, including: the mediation will be held by the mediator review a brief summary of the focus of controversy and review the initial judgments and recommendations of the agency, the parties or mediation programs were proposed by the review officer handling the case for mediation program reference, the parties face to face (or back to back through the reconsideration organ investigators to communicate, negotiate, conduct timely review of staff education, counseling, the parties signed a mediation agreement, review bodies to review the mediation agreement, mediation for administrative reconsideration, reconsideration, mediation service . Fourth, a clear review of content, mainly to review the legality of the settlement agreement, the review of the conciliation agreement is in violation of the prohibition law, whether the harm to the state, the collective and the interests of others. mediation and the parties should be prepared to record the consultation process signed by the participants approved the mediation.

3, clearly administrative review of the effectiveness of mediation.

Mediation with the administrative review the main effect of the following three aspects: First, determine the rights and obligations between the parties to the effect. Administrative review after the commencement of mediation, that both parties have disputes over the relationship between administrative law and the law have reached a consensus recognition , right side should exercise their rights and obligations shall carry out its obligations, it is mediation in the administrative review of the effectiveness of substantive law. The second is the effect of the end of the administrative review process. administrative reconsideration according to law after the commencement of mediation between the parties of administrative the legal dispute has been finally resolved, the parties shall not review the same facts and reasons to re-apply for agency reconsideration, in respect of specific administrative act shall not bring an administrative litigation, administrative reconsideration, the parties have entered into force on the mediation of administrative reconsideration is dissatisfied, he can not administrative proceedings. This is an administrative review law on mediation effectiveness of the program. Third, the effectiveness of enforcement. At present, only <<PRC Civil Procedure Law >>,<< PRC Arbitration Law "> two law provides for the Department of enforceable mediation certification system <<Reconsideration Law Regulations>> the administrative review as established mediation is enforceable, not explicitly in the legislation. It is true that administrative review is based on mediation parties under the auspices of the administrative reconsideration organ reached a voluntary agreement, under normal circumstances the parties can be unconsciously performed. But in practice, if a party refuses to perform a situation, we must have forced the implementation of this problem. I think that, as an administrative One way to review the administrative review concluded the mediation shall be enforceable, that one party fails to fulfill the obligations established by the other party the right to the people's court for enforcement.

(C clear the supervision of the administrative review and relief channels
Mediation can not guarantee correct operation of one hundred percent, due to review staffing levels, administration awareness and many other reasons, do not rule out the mediation process in the case of a breach of the principles and the effect of voluntary mediation with the damage to public interests and legal rights of others or violate the law and regulations that the situation should therefore be after the commencement of the administrative review of the mediation channels of supervision and relief defined as follows:
First, clear the applicant, the applicant shall apply to court for enforcement of effective mediation for administrative reconsideration, the People's Court has the right to administrative reconsideration review of the legality of mediation. For breach of a voluntary, legal principles or mediation all or in part, violations of laws, regulations, rules and regulations or harm the public interests and the legitimate rights and interests of others, the people's court shall decide not to execute administrative review and notify the authorities, review authorities received the court within ten days after the revocation of the original should be reconsideration of the mediation and restart the administrative review process. reconsideration organ fails refused to restart the administrative review process, the original applicant may review the original specific administrative act according to the people's court legal proceedings.

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