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在依法行政、构建社会主义和谐社会的背景下,行政调解作为调解的一种,与诉讼机制和其他非诉讼方式相比有其不可比拟的优势。但是,在我国现行法律法规中,对行政调解只有一些零散的规定,从整体上看,行政调解制度还存在许多缺陷,其本身的性质、具体程序和效力等方面也存在很多问题。本文在对我国行政调解的制度化困境进行反思的基础上,对我国行政调解制度的完善提出了若干建议。
In the context of administering by law and building a harmonious socialist society, administrative mediation, as a type of mediation, has its incomparable advantages over litigation mechanisms and other non-litigation methods. However, in our country’s current laws and regulations, there are only a few fragmentary provisions on administrative mediation. As a whole, there are still many shortcomings in the administrative mediation system. There are also many problems in its own nature, specific procedures and effectiveness. On the basis of reviewing the institutionalized dilemma of administrative mediation in our country, this paper puts forward some suggestions on the perfection of administrative mediation system in our country.