Research On Mediation System Of Administrative Litigation

Since the introduction in April 1989, China's Administrative Litigation Law has gone through twenty-one years. This period is also starting to take off our economy from the development of .In this period ,the administrative litigation has gradually established and perfected. However, as the time goes by, some of the provisions of administrative litigation has been a bit inadequate, and some of its modifications in respect of the potential highlights. After the administrative suits against the existence of "trouble case, can not" situation serious, withdraw an accusation there is such a large number of cases, strongly urged us to find an addition to referees can assist to resolve conflicts outside of the way, enabling officials and the public more appropriately dealt with the contradictions, officials and the public relationships more harmonious. The author for a variety of ways to resolve contradictions in thinking that: in the administrative proceedings to establish the principle of executive decision, while under appropriate conditions apply to the mediation as an auxiliary, is a more viable option.The first part of this paper is mainly based on empirical analysis, comparative analysis, research methods, by two specific cases of analysis of administrative litigation, administrative proceedings referee found inadequate and limitations, as well as in administrative proceedings the validity of the introduction of mediation. Then the article is mainly associated with other scholars with a comparative analysis of theoretical study to clarify their views, to find the feasibility of administrative litigation and the need for mediation.The second part of the article, through the mediation of the civil litigation system has been made of the effectiveness and civil mediation in actual judicial practice, the deficiencies shown by analysis, the mediation of administrative litigation system is established to provide the experience and can learn when the system was established require attention.The third part is the article a number of similar systems of foreign research results and trends, combined with China's reality, to find the establishment of administrative litigation in China can learn from mediation system to absorb nutrition.The forth part of the article is the focus of this paper. Some combination of the previous discussion, the concept of mediation from the administrative proceedings begin, the mediation system of administrative litigation in the establishment of an initial vision. Mainly from three aspects of construction: First, improve the existing legislation, the establishment of administrative proceedings the legal basis for the mediation mechanism; secondly, the establishment of supporting systems, building on the sexual activity Mediation system protection; third, a reasonable regulation Mediation the principles and procedures, so that administrative litigation mediation of practical operability.Finally, the creative process in this paper identified a number of new issues to ponder.