On The Construction Of China's Administrative Litigation System Limited Mediation

The 50th clause of the Administrative Appeal Law has a clear regulation that"When the people's court brings administrative case to trial, the mediation blocks". It means that our country have a negative attitude toward the mediation. But repulsion of legislation does not remove the usage of it, mediation has already taken up a certain proportion, which has brought a challenge to the clause. A lot of foreign countries and areas have established limited mediation system and it plays an important role in the practice. I think that our country should also build a limited mediation system in the administrative law, only by doing this can the superiority in the administrative lawsuit be seen.The theory under tradition country administration thinks that administration behavior is the behavior that exercised by the country and it just shows one-side opinion, which indicates that it is unnecessary and impossibly to come to consistent with the relatively person. But the administrative law theory is developing and modern administrative law theory thinks that administration is not only the expression of the administrative idea, it also means the cooperation of the two sides. The relationship of the two is working together, trusting each other, instead of conflict, counter and distrusting. This system has provided the external environment to build the limited mediation in the administrative lawsuit.Furthermore, when it comes to the execution, law sometimes gives broad discretion to the administrative organ, and the administrative organ can chose to do administrative behavior and how to do it in the domain of discretion. This is also the theory base to build limited mediation system in the administrative lawsuit.