行政调解的法制现状与未来课题

Legal Status quo and Future Subject of Administrative Mediation

作为一种新型的纠纷解决方式,行政调解制度受到广泛的关注。但无论学界和立法部门,还是具体实施机关,对行政调解的性质和地位都没有形成统一的认识。立法不统一、地位不确定、范围混乱、主体不中立、效力缺失是制约行政调解发展关键因素。因此只有协调调解与法治的关系,确定行政调解的性质和理论基础,才能从主体、范围、程序、效力方面设计出更为合理更加有效的行政调解制度。

As a new way to settle disputes, administrative mediation has received extensive attention. However, neither ac ademia or legislature, nor the executive authorities, have formed unified understanding about the legal nature and status of administrative mediation. The inconsistent legislation, the undefined status, the confusing scope, the neutral lacking sub jects and the lacking of effectiveness are the key factors which hinder the development of the administrative mediation. Therefore, only coordinating the relationship between the mediation and ruling by law and defining the legal nature and theo retical foundation of administrative mediation, can more reasonable and effective administrative mediation be designed in the subject, scope, procedure and effectiveness.