The Dual Aspects of Administrative Reconsideration System from the Perspective of a Diversified Dispute Resolution Mechanism

The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes.Under this framework,all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of"dispute resolution"in order to gain the trust of the concerned parties.It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the"diversified mechanism"to ensure that the concerned parties'right of free choice can be substantially expanded.As one of the components of the"diversified dispute resolution mechanism,"the administrative reconsideration system should have the dual aspects of judicialization and administerization.The two aspects are not in a diametric opposition or tradeoff relation,but rather,they merely differ in observation perspectives,zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion.Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes.

Adjustment and Reorganization of the Diversified Dispute Resolution from the Perspective of State Governance

The diversified dispute resolution(DDR)in China is different from the alternative dispute resolution(ADR)in Western countries with respect to its fundamental cause and political,economic,social,and cultural backgrounds.To better understand the DDR,the academic community shall go beyond the superficial feature of"distributing the burden of litigation"of the ADR in Western countries and consider it as the basic institutional arrangement and regular governance practice of state governance.Furthermore,we can adjust and reorganize the DDR based on such understanding.Specificaly,after understanding the general features of dispute resolution forms,we should mobilize,aggregate,integrate,and use the dispute resolution resources in a society to improve and expand non-litigation dispute resolution forms and increase the overall supply of dispute resolution resources.Understanding the real features of disputes in China and its specific demands for dispute resolution.guide or regulate the choice of dispute resolution foms for the parties to a dispute through reasonable system design,so that the dispute resolution demands and dispute resolution forms can be matched.In particular,the Communist Party of China(CPC)and Chinese governments should play the leading and organizing role in the DDR,to comprehensively improve the effectiveness of the"Pluralistic-Unity-Style"dispute resolution.

On Modernization of the Diversified Resolution Mechanism for Civil and Commercial Disputes in China

The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization,in which the modernization of the rule of law is both an integral part and a strong guarantee.Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes.The separation of civil society and the political state,along with their mutual influence,has led to the development of diverse dispute-resolution mechanisms.Globalization has further accelerated their development and transformation.In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century,China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes.At the same time,China should continue to prioritize alternative dispute resolution mechanisms,improve the credibility of arbitration,and leverage the aggregating power of mediation,so as to serve the construction of the Chinese path to modernization.

"Fengqiao Model" and the Structural Changes of Dispute Resolution Mechanisms in China

As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.