我国行政调解的溯源、发展与困境突破

由行政机关主持民事纠纷的调解在我国既有一定的历史传承,又有强烈的现实需求,是化解矛盾纠纷、促进社会和谐稳定的重要举措。当前我国行政调解尚无统一的专门性规范,实践中各部门各地方的民事纠纷行政调解工作各自为政,发展极不平衡,严重制约了其定纷止争作用的充分发挥。鉴于行政资源的有限性,行政调解相关制度必须兼顾公正与效率,其所适用的民事纠纷范围划定不宜过宽,具体程序设置需繁简得当,同时有必要适当引入社会力量参与调解,并赋予行政调解协议高于一般民事合同的强制执行力。

Trace,development and dilemma of administrative mediation in China

The mediation of civil disputes carried out by administrative organs has both a certain historical heritage and strong practical needs in China. It is an important measure to resolve contradictions and disputes and to promote social harmony and stability. At present, there is no unified specialized standard for administrative mediation in China. In practice, the organs at various departments and localities work quite differently in the administrative mediation of civil disputes, and the development is extremely unbalanced, which seriously restricts the full play of its role in settling and stopping disputes. In view of the limitation of administrative resources, the relevant system of administrative mediation must give consideration to fairness and efficiency. Its applicable scope of civil disputes should not be too wide. The specific procedures should be appropriate in complexity and brevity. At the same time, it is necessary to introduce social forces to participate in the mediation, and give administrative mediation a higher enforcement force than ordinary civil contracts.