Study On Administrative Litigation Reconciliation

Our Administrative Litigation Law article 50:"The people court tries administrative cases not applied meditation."This provision establishes the system administrative litigation between the plaintiff and the defendant can not be mediated. This is decided by the special environment of the times, but, faces the reality and needs of the system contradictions, only the introduction of mediation system can eliminate the embarrassment generated by the gap between theory and practice. Now, there are many articles about administrative mediation, but not comprehensive in depth. This dissertation intends to carry out a systematic analysis to do some good to the construction of china's administrative in theory and system.The dissertation is divided into four parts besides preface and conclusion. The fist part is concerned with the basic theoretical issue of the administative litigation intermediation, which mainly involves its implication, features, and so on. Administrative litigation mediation is a way to exercise jurisdiction presided by court. Administrative litigation mediation must be the will freedom of the parties as a system of primary value. Mediation system is conductive to the parties to achieve full autonomy of will, reduce litigation costs, will help to promote the healthy social relations integration, and achieve maximum social benefits. Mediation embodies a typical tripartite legal relationship with flexible, convenient, efficient, quick feature, he and reconciliation, trial, the civil litigation a certain distraction link.The second part analyzes rationale for prohibiting mediation. The administrative main body represents the country's executive to exercise executive powers, the powers confenred by the statutory procedures; the administrative main body has no punishment power for specific administrative functions. It can prevent the people's courts with mediation power from cooperating with administrative department to "forced" relative, in order to achieve true relative protection of human rights legislation.The third part systematic analysis the feasibility of the administrative litigation reconciliation. Cooperative administration is the theoretic premise for the applicafion of the theory of the administrative litigation reconciliation ;administrative discretion main power source is the limited administrative authority punishment. In addition, the purpose of administrative litigation, the nature of judicial power, litigation to be conducive to resolving the contradictions between officials and the people, and to exhibit justice. However, the weaknesses of mediation system are China's own and lack of systems relevant to the current security and the quality of personnel to enhance the administrative litigation environment that can not be ignored. However, the weaknesses of mediation system are China's own and lack of systems relevant to the current security and the quality of personnel to enhance the administrative litigation environment that can not be ignored.The forth part includs several points about establishing the mediating system of administrative litigation. Better the administrative litigation system of our country from the aspects of legislation,structure and content. Realize the mediating model of separating mediation from judging and mediating before judging from the aspect of the meditative application area and from the theory of limited mediation.In short, this proposal will amened the existing Administrative Litigation Law, the creation of limited mediation system so that administrative litigation mediation as a formal legal basis, and subject to strict legal rules clearly to protect the public interest and the legitimate rights and interests of others, to ensure the fair administration of justice.