Research on the Improvement Path of the Administrative Reconsideration Mediation System

Hao  Dong

doi:10.54691/nhkx3b96

Authors

Hao Dong

DOI:

https://doi.org/10.54691/nhkx3b96

Keywords:

Administrative Reconsideration Mediation; Scope of Application; Procedural Rules; Supervision Mechanism; Substantive Resolution of Administrative Disputes.

Abstract

As an important mechanism for the substantive resolution of administrative disputes, administrative reconsideration mediation has experienced a legislative evolution in China from being strictly prohibited to being fully recognized. The newly revised Administrative Reconsideration Law has established it as a basic principle and fundamental procedure. Based on the current legislative status and local practice of administrative reconsideration mediation, this paper analyzes the existing problems such as the ambiguous definition of the scope of application of mediation, insufficient supply of procedural rules, systemic lack of supervision and restriction mechanisms, and the inadequate exertion of supervision functions. In response to the above problems, we should clarify the scope of application by defining the categorized applicable limits and establishing a negative list system, construct a systematic set of procedural rules for the initiation, negotiation and termination of mediation, improve a supervision system integrating internal assessment and external procuratorial supervision, and explore the supervision path of administrative reconsideration opinions in the review of normative documents. By doing so, we can promote the systematic construction of the administrative reconsideration mediation system and effectively exert its due function in the construction of the main channel for resolving administrative disputes in China.

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