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当今中国正处于社会纠纷多发的转型时期。建立多元化纠纷解决机制是构建和谐社会应有之义。行政调处制度作为一种中国特色纠纷解决制度,涉及行政权与司法权之间、行政权与公民权之间以及公民权与公民权之间的关系等诸多宪法根基性问题。从宪法原则、宪法宗旨、宪法价值等多层次、多角度分析、探讨行政调处制度的宪法基础将为行政调处的制度完善提供良好的理论基础。
Today China is in a period of transition in which social disputes are frequent. Establishing a Diversified Dispute Resolution Mechanism is the Necessary Meaning of Building a Harmonious Society. As a system of dispute resolution with Chinese characteristics, administrative mediation system involves many constitutional fundamental issues such as the relationship between executive power and judicial power, administrative power and civil rights, and the relationship between civil rights and civil rights. From the perspectives of the constitutional principle, the constitutional purpose and the constitutional value, the constitutional basis of administrative mediation system will provide a good theoretical basis for perfecting the system of administrative mediation.