Administrative mediation is a dispute resolution method presided over or led by administrative organs, which aims at administrative disputes between administrative organs and citizens, legal persons or other organizations, as well as civil disputes related to administrative functions between citizens, legal persons or other organizations, and urges all parties to resolve contradictions through equal consultation through persuasion, education and guidance.

At present, China has not yet issued special laws and regulations to regulate administrative mediation, and some provisions of administrative mediation are mainly scattered in some professional laws and regulations. For example, Article 57 of the Water Law stipulates: "Water disputes between units, between individuals and between units and individuals shall be settled through consultation; If the parties are unwilling to negotiate or the negotiation fails, they may apply to the local people's government at or above the county level or its authorized department for mediation, or they may directly bring a civil lawsuit to the people's court.

If the people's government at or above the county level or its authorized department fails to mediate, the parties may bring a civil lawsuit to the people's court. "。

2. What are the basic provisions of the administrative mediation procedure?

According to the complexity of the case, administrative mediation can be divided into summary procedure and general procedure.

Among them, summary procedure is suitable for disputes with simple cases and easy mediation results, so as to reduce the procedural burden of the parties as much as possible; The general procedure is applicable to disputes with complicated cases that cannot be solved on the spot. The general procedure of administrative mediation mainly includes the following steps: (1) Start.

The administrative counterpart may submit a written application for administrative mediation to the administrative organ on matters that meet the scope of administrative mediation, and the oral application shall be recorded by the administrative organ; The administrative organ may also propose it ex officio, but it must obtain the consent of all parties concerned. (2) acceptance.

After receiving the application for administrative mediation, the administrative organ shall decide whether to accept it or not and inform the parties in time. (3) mediation.

After accepting the application for administrative mediation, the administrative organ shall promptly inform the parties of their rights, procedures to be followed and related matters. In the process of mediation, we should fully listen to the statements, arguments and cross-examination opinions of the parties, persuade and persuade the parties according to laws, regulations, rules and relevant provisions, and guide the parties to the dispute to reach an understanding.

Involving major, complex and social disputes, the administrative organ may take the form of hearing and on-site investigation to investigate and collect evidence. If an agreement is reached through mediation, a mediation agreement shall be signed.

3. What are the principles of administrative mediation?

(1) The principle of fairness means that the administrative department responsible for administrative mediation must adhere to a just position and handle contract disputes impartially.

Both parties, regardless of the size of the unit, whether local or foreign, should be treated equally in mediation status, and no one should be partial to anyone. (2) The principle of rationality means that in mediation, we should proceed from reality, treat disputes realistically, persist in investigation and study, persuade and educate, and convince people by reasoning.

(3) The principle of voluntariness refers to respecting the wishes of both parties when conducting administrative mediation. Those who disagree with administrative mediation shall be instructed and urged to apply for arbitration or litigation in time. (4) the principle of legality, that is, the department responsible for mediation should make full use of relevant laws and administrative regulations to mediate according to law, and cannot act as a peacemaker and be unprincipled mud.

After the mediation is successful, a conciliation statement shall be made, and the contents of the conciliation statement shall conform to the provisions of laws and policies.

4. What is the role of administrative mediation?

Administrative mediation has the following functions in resolving social contradictions and disputes: (1) Administrative mediation solves the contradictions between the parties in a fast, cheap and autonomous way.

Compared with court proceedings, administrative mediation does not need complicated procedures, and it is also very timely and efficient to solve contradictions and disputes. Considering the cost and benefit, the cost is relatively low.

Administrative mediation respects the autonomy of the parties and takes the participation of the parties as a necessary condition, which not only helps the parties understand the law, but also helps to reduce the cost of law enforcement in the future. (2) Administrative mediation is conducive to the realization of harmony between administrative organs and private parties.

Administrative mediation is produced on the basis of democratic consultation and the willingness of the parties, which embodies the organic combination of democratic management and the voluntary principle of the parties exercising their own right to dispose. Through patient, meticulous, comprehensive and concrete mediation, we can cultivate the work style of the staff of the administrative organs, establish a good working image of the administrative organs, and then enhance the people's trust in the administrative organs, and further establish a close, harmonious and mutual trust relationship between the people and the people.

5. What are the principles of administrative mediation?

Administrative mediation of housing lease disputes refers to the mediation of housing lease disputes between parties under the auspices and coordination of specific state administrative organs, which is of an administrative nature.

Compared with civil mediation, it has the advantages of relying on expert judgment, having power and influence on the parties to the dispute, high efficiency, low cost and accumulating policy experience in the process of dispute settlement. The administrative mediation of housing lease disputes should follow the following principles: (1) The principle of fairness means that the administrative organ in charge of administrative mediation must adhere to a just position and handle housing lease disputes impartially.

(2) The principle of rationality means that mediation activities should proceed from reality, treat housing lease disputes realistically, persist in investigation and study, persuade and educate, and convince people by reasoning. (3) The principle of voluntariness means that when conducting administrative mediation on housing lease disputes, the wishes of the parties should be respected. Those who do not agree to mediation should be instructed and urged to conduct arbitration or litigation in time.

(4) The principle of legality means that the administrative organ responsible for administrative mediation of housing lease disputes should make full use of the relevant provisions of laws and administrative regulations to conduct mediation according to law. Can't act as an unprincipled "peacemaker" and "muddling".

After successful mediation, a settlement agreement shall be made, and the contents of the settlement agreement shall not violate the mandatory provisions of laws and regulations. The procedures for administrative mediation of housing lease disputes are as follows: Generally, one or both parties should submit a written application first. If the dispute is relatively simple or the parties require urgency, it can also be dictated by the parties, and the mediator will make a record instead of the application.

Notify the other party to participate in mediation, either in writing or by telephone. If an agreement is reached through mediation, an administrative mediation document may be made (some may not be made), and both parties shall sign the mediation document for the record.

6. What is the working principle of administrative mediation?

Administrative mediation should follow the following principles: (1) voluntary principle.

Fully respect the wishes of the parties, and may not force the parties to accept mediation methods or mediation results. (2) the principle of legality.

Abiding by laws, regulations, rules and relevant provisions shall not harm the interests of the state or infringe upon the legitimate rights and interests of citizens, legal persons and other organizations. (3) the principle of equality.

Respect the rights of all parties to disputes to express their wishes and demands, and resolve interest disputes fairly and equally through consultation. When the administrative organ is a party, it is equal to the administrative counterpart.

(4) the principle of priority. According to the relevant provisions of laws, regulations, rules and disputes, on the basis of obtaining the consent of the parties, mediation is given priority to solve contradictions and disputes.

(5) The principle of convenience. Administrative mediation should be simple, fast and efficient.

7. What is administrative mediation?

On the legal effect of Lin Wanquan's administrative mediation. Release date: 2003-12-0813: 38: 53-. It refers to an activity in which the two parties to the dispute try to solve the dispute under the auspices of a third party and through persuasion and education of the third party in accordance with the provisions of laws and policies, so as to urge the two parties to negotiate with each other, understand each other and make mutual concessions, and reach an agreement voluntarily according to law.

According to the law of our country, administrative mediation is the mediation of specific civil disputes and minor criminal cases by the state administrative organs within their administrative functions and powers. The scope of mediation includes civil disputes, economic disputes and minor criminal disputes.

In China, a populous country, with the constant change of social life and the continuous development of economic exchanges, a large number of civil and economic disputes conform to objective laws. How to solve these contradictions and disputes and promote social development is a category that we should think about.

According to China's existing laws, China's mediation system includes three major mediation systems: court mediation, people's mediation and administrative mediation. In addition, there are arbitration mediation and lawyer mediation.

These mediations have both connections and differences, which constitute a complete mediation system in China. The legal effect of court mediation and people's mediation is very clear, so this paper will not study it.

I just want to make a superficial understanding of the legal effect of administrative mediation in order to attract more attention and contribute to the administrative mediation work in China. Second, the nature and role of administrative mediation Compared with court mediation, administrative mediation, like people's mediation, belongs to non-litigation mediation, and the agreement reached has no legally binding effect, but it should be binding on the parties.

Because administrative mediation, like people's mediation, is a voluntary mediation activity, according to the existing law, the parties should consciously fulfill the agreement reached. Therefore, it can be said that the agreement reached by administrative mediation should still be as binding on the parties as the agreement reached by people's mediation.

In China, since the new democratic revolution, the grassroots people in all revolutionary base areas have the responsibility to mediate civil disputes and minor criminal cases. After the founding of People's Republic of China (PRC), administrative mediation gradually developed into various forms. In addition to grass-roots mediation in general civil disputes and minor criminal cases, the law also stipulates that some state administrative organs are responsible for mediating specific civil disputes and economic disputes.

The functions of China's administrative organs are mainly embodied in two major functions: administrative management and administrative law enforcement. Administrative mediation is a way for state administrative organs to manage and supervise economic activities and social life. It can not only mediate disputes between citizens, but also mediate disputes between citizens and legal persons, legal persons and legal persons about rights and obligations.

This is an important feature different from people's mediation. Over the years, China's administrative organs have handled a large number of economic disputes and civil disputes through mediation. Many disputes resolved through mediation are consciously performed by both parties and rarely resolved through litigation.

It can be said that administrative mediation has played an important role in protecting the legitimate rights and interests of citizens, legal persons and other organizations from infringement, adjusting economic and social relations, maintaining social stability and promoting socialist economic construction. III. Types of Administrative Mediation At present, there are many types of mediation that administrative organs in China can mediate according to law.

It can be said that administrative organs can basically mediate disputes in the process of exercising administrative functions. However, administrative mediation mainly refers to the following categories: (1) grassroots people's mediation.

Mediation of civil disputes and minor criminal cases has always been the responsibility of grassroots people in China, mainly carried out by judicial assistants of township people and sub-district offices. Judicial assistants are members of the grassroots and judicial administrative personnel.

In addition to guiding the work of people's mediation committees and legal publicity, they also mediate a large number of disputes in person. (two) the mediation of the state contract management authority.

China's "Contract Law" stipulates that when there is a dispute over a contract, the parties may agree to arbitrate or bring a suit in a people's court. The contract management organs stipulated by the state are the State Administration for Industry and Commerce and the local administrations for industry and commerce at all levels.

Economic disputes between legal persons, individual industrial and commercial households, citizens and legal persons may apply to the administrative department for industry and commerce for mediation. (3) Mediation by public security organs.

China's "Regulations on Public Security Punishment" stipulates that public security organs can mediate and deal with acts that violate public security management, such as fighting and damage to other people's property caused by civil disputes, if the circumstances are minor. Article 30 of China's Measures for Handling Road Traffic Accidents stipulates that when handling traffic accidents, public security organs should organize the parties concerned and relevant personnel to conduct damage mediation after finding out the causes of traffic accidents, identifying the responsibilities of traffic accidents and determining the losses of traffic accidents.

This is the right given by laws and regulations to the public security organs to mediate, which is conducive to properly solving disputes and enhancing the unity between the parties. (4) Mediation by the marriage registration authority.

China's marriage law stipulates that if a man or a woman files for divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. At the same time, the law stipulates that if both men and women divorce voluntarily, they should apply to the marriage registration authority at the same time.

Therefore, the marriage registration authority can also mediate the marriage parties, which is conducive to the normal development of marriage and family. Four. The principles and methods of administrative mediation should be the same as court mediation and people's mediation. On the basis of finding out the facts, distinguishing right from wrong and distinguishing responsibilities, we should persuade the parties to make mutual understanding and accommodation, let the parties reach an agreement voluntarily, and resolve disputes in accordance with laws, regulations and relevant policies.

Therefore, legality and voluntariness are the principles that mediation must abide by. In addition, administrative mediation, like people's mediation, must adhere to the principle of protecting the litigation rights of the parties.

This essence is closely related to the principle of voluntariness. If the parties are unwilling to mediate, mediation fails or they go back on their word after reaching an agreement, one or both parties have the right to bring a lawsuit to the people's court.

This is the litigation right given to every citizen by law. For mediation methods, there are.