The Possibility Of Administrative Litigation Legislative Reference Civil Litigation Mediation System And Its Limit

"PRC Administrative Procedure Law" (hereinafter referred to as "the Administrative Procedure Law") Article 50: "People's Court administrative case does not apply mediation." With the administrative litigation system development, and constantly showing a series of new short-term characteristics, as many active use of the Court of coordination or reconciliation solution to the dispute, and achieved better legal effect with the social effects. However, the titration is divorced from the practice of law and the situation is very embarrassing. To this end, the author mainly draws support from the explanation of legal principle theory of the civil litigation mediation, for the purpose of the legislation reference to administrative litigation applicable mediation; thus Analysis of the possibility of the domain of Administrative Litigation Law to introduce mediation system and its limits; with a view to the development of an administrative litigation benefit.The dissertation is divided into five parts besides preface and conclusion. The fist part, for the civil system to samples analyzed Mediation as a dispute resolution mechanism for legitimacy and the unique advantages compared with the justice system. The second part, to the administrative discretion as the core expounded administrative power right to be carried out within the scope and extent of punishment, moreover, the administrative body in the administrative stage of the litigation can change or revoke the defendant specific administrative act, the relative to the should be fulfilled duty also has the possibility of change, thus, administrative litigation has the application of mediation proceedings with the possibility. The third part, in view of the administrative litigation specific nature of the system, from a perspective of administrative and civil litigation different characteristics discussed the existing Administrative Litigation Law of the legislative purpose, the limits of the administrative body discretion and the relationship between mediation proceedings, and by the practice of trial proceedings, as well as the scope of application of mediation and means of mediation should be specifically applicable restrictions, in order to promote its proper functioning.