Author(s)

Mingxun Yang ¹, Yifei Chen ²

Affiliation(s)

¹ School of Law, Tsinghua University, Beijing, 100084, China
² Law School of Anhui Univeristiy of Fiance and Economices, Bengbu233030, China

Corresponding Author

Yifei Chen

ABSTRACT

The regulations on the implementation of the Administrative Reconsideration Law promulgated by the State Council in 2007 for the first time stipulates that mediation is one of the ways to settle administrative reconsideration cases, which shows that China has fully affirmed the important role played by mediation in the practice of administrative reconsideration, and at the same time, at the legislative level, it has established the legal status of mediation, which is a non litigation dispute settlement method. The establishment of mediation system of administrative reconsideration is beneficial Yu Pinghe solved administrative disputes, realized the balance of interests and guaranteed social stability. When we focus on the mediation system of administrative reconsideration in China, we should not neglect a system similar to that of administrative reconsideration in China -- the system of administrative law judges in the United States. The United States is an early country that applies the non litigation dispute resolution (ADR) to the administrative field to resolve administrative disputes. Nowadays, mediation has become the most frequently used non litigation dispute resolution method in the system of administrative law judges, With the advantages of perfect mediation mechanism, professional mediation judge and perfect supervision system, the litigation pressure is relieved to a great extent and the administrative efficiency is improved. As a model of non litigation dispute resolution mechanism, the mediation system of American administrative law judges is worth learning and learning from in China. This paper analyzes the mediation system of administrative reconsideration in China and the mediation system of administrative law judges in the United States from the perspectives of basic theory, historical reasons and functional orientation. After that, it introduces the principles, scope, legal procedures and other aspects of the mediation of American administrative law judges. While introducing the current situation of the mediation of administrative reconsideration in China, it analyzes the main problems existing in the mediation system of administrative reconsideration, and tries to find out the rules and experience suitable for the improvement of the mediation system of administrative reconsideration in China through the comparison between China and the United States Put forward suggestions on the improvement of the mediation system.

KEYWORDS

China and the united states, Administrative reconsideration, Mediation system, Comparison

CITE THIS PAPER

Mingxun Yang,  Yifei Chen. Comparative Study on the Mediation System of Administrative Reconsideration between China and the United States. Journal of Sociology and Ethnology (2021) 3: 101-105. DOI: http://dx.doi.org/10.23977/jsoce.2021.030720.

REFERENCES

[1] Zheng Yafang. Between reform and success -- three basic contradictions in the revision of the current administrative procedure law and their resolution [J]. Forum on political science and Law Journal of China University of political science and law,vol. 32, no. 1, pp. 166-175, 2014.
[2] Sun Di, Dong Shuyue. Context and approach of quasi judicial administrative reconsideration [J]. Journal of Weinan Normal University,vol. 34, no. 12, pp. 12-17,65, 2019.
[3] Liu Qiangqiang. A missing administrative legal system: administrative public welfare review [J]. Journal of Yibin University,vol. 19, no. 9, pp. 35-43,52, 2019.
[4] Zhao Baohua. On the preparation of administrative reconsideration decision [J]. Law,vol. 6, no. 04, pp. 77-82, 2018.
[5] Cao Li, Feng Jian. Dilemma and reform of "double accused" system in administrative reconsideration [J]. Chinese and foreign law,vol. 31, no. 5, pp. 1217-1233, 2019.
[6] Wu niangzhen. Some discussions on the administrative reconsideration of the newly established judicial administrative department [J]. Journal of Guangdong University of administration,vol. 31, no. 3, pp. 65-70, 2019.
[7] Deng Qin. On the defects of China's administrative reconsideration system and the way to improve it -- a case study of the historical evolution of British administrative tribunals [J]. Journal of Shaanxi University of administration,vol. 33, no. 3, pp. 16-22, 2019.
[8] Cui Menghao. Study on the final situation of hidden administrative reconsideration [J]. Journal of Chongqing University of Technology (SOCIAL SCIENCE EDITION),vol. 32, no. 10, pp. 119-126, 2018.

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Science of Law Journal
  
  
• Journal of Political Science Research
  
  
• Advances in Broadcasting