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行政调解是在行政主体的主持下,以法律法规、国家政策以及公序良俗为依据,在坚持自愿原则基础上,在该行政主体行使的行政职权的范围内,对特定纠纷进行调解,以促使当事人双方协商、并达成协议,从而解决纠纷的调解制度,其在我国纠纷解决机制中的作用十分重要。然而在目前迅速发展的社会中,该制度存在的问题日益突出。本文分析介绍了我国行政调解制度现状,并结合域外的相关可借鉴之处,提出了几条行政调解制度的完善措施。
Under the auspices of the administrative body, administrative mediation is based on the laws, regulations, state policies and public order and good practices. On the basis of upholding the principle of voluntariness, within the scope of the administrative power exercised by the administrative body, the mediation of specific disputes shall be facilitated to promote the parties Negotiate and reach an agreement so as to settle the dispute mediation system. Its role in dispute resolution mechanism in our country is very important. However, in the rapidly developing society, the existing problems of the system have become increasingly prominent. This article analyzes and introduces the status quo of the administrative mediation system in our country, and puts forward several measures to improve the administrative mediation system in the light of the relevant references outside the region.