诉源治理视角下行政调解效力的反思与重塑
Reflection and Reconstruction of Administrative Mediation Effectiveness from the Perspective of Source of Action Governance

行政调解是行政职能活动下的纠纷化解制度，其权威性、专业性、灵活性的制度优势能够促进纠纷源头预防与化解，实现诉源治理效能。而制度的法律效力是其优势充分发挥的体现，也是其发展的关键。囿于当下我国行政调解制度尚且缺乏实现定纷止争的基础性效力以及实质性化解的保障性效力。对此，本文从确定力、约束力、强制执行力的层面审视在民事争议中我国行政调解效力的发展现状，进而提出明确行政调解的确定力，加重当事人履行协议的约束力，强化行政机关督促实质性解决纠纷的义务，以当事人申请与司法审查相结合作为强制执行力的生效条件，以此充分发挥制度的治理活力，提高诉源治理功效。
Administrative mediation is a dispute resolution system under the administrative function activities. Its authoritative, professional and flexible institutional advantages can promote the prevention and resolution of the source of disputes and achieve the effectiveness of the source of litigation governance. The legal effect of the system is the embodiment of its advantages and the key to its development. Limited by the current administrative mediation system in China, there is still a lack of basic effectiveness to settle disputes and safeguard effectiveness to resolve substantive disputes. In this regard, this paper examines the current development of the effectiveness of administrative mediation in civil disputes from the perspective of certainty, binding force and enforcement force, and then proposes to clarify the certainty of administrative mediation, increase the binding force of the parties to perform the agreement, strengthen the obligation of the administrative organ to urge the substantive resolution of disputes, and take the combination of the parties’ application and ju-dicial review as the effective condition of enforcement force, so as to give full play to the governance vitality of the system, Improve the effectiveness of source of litigation governance.