行政调解协议之强制执行力探析

Exploration on the Executive Power of the Administrative Mediation Agreement

行政调解作为诉讼外替代性纠纷解决机制的重要组成部分,其依法形成的行政调解协议不具备强制执行力,从而导致了权利人诉累增加,义务人违约成本低廉,行政、司法资源的双重浪费,行政机关专业技术优势无法发挥等问题。从政治传统、文化传统的视角看,行政调解协议应具备可申请强制执行的应然效力。赋予行政调解协议强制执行力,应有相应的制度保障,应在司法解释、法律法规中逐步完善。

Administrative mediation is an important part of alternative dispute-resolving mechanism. However, administrative mediation agreement usually lacks executive power, which leads to problems such as indefinite mediation effect, increased burden for the obligee,low penalty cost for the obligor to breach a contract,waste of both administrative and judicial resources,inade- quate exercise of administrative organs＂ technical strength, etc. This thesis, with an analysis of the due power and legal principles of the administrative mediation agreement from the perspective of political and cultural traditions, puts forward feasible suggestions for the authorization of executive power to the administrative mediation agreement.