作为一种新型的纠纷解决方式,行政调解制度受到广泛的关注。但无论学界和立法部门,还是具体实施机关,对行政调解的性质和地位都没有形成统一的认识。立法不统一、地位不确定、范围混乱、主体不中立、效力缺失是制约行政调解发展关键因素。因此只有协调调解与法治的关系,确定行政调解的性质和理论基础,才能从主体、范围、程序、效力方面设计出更为合理更加有效的行政调解制度。 As a new way of dispute resolution, the administrative mediation system has received widespread attention. However, neither academics nor the legislature nor the specific implementing agencies have formed a unified understanding of the nature and status of administrative mediation. Legislation is not uniform, the status is uncertain, the scope of chaos, the main body is not neutral, the lack of effectiveness is the key factor restricting the development of administrative mediation. Therefore, only by coordinating the relationship between mediation and the rule of law, and determining the nature and theoretical basis of administrative mediation, can we design a more reasonable and effective administrative mediation system from the aspects of subject, scope, procedure and effectiveness.