On The Principle Of Mediation May Be Applied In Administrative Litigation

According to No.51 of Chinese Administrative Law, When People's Court tries administrative cases, reconciliation is not suitable. This regulation is based on "administrative departments don't have the power of penalizing the national powers" In my opinion administrative departments should exercise authority according to the law. They can't freely dealing with the administrative rights given by the law.That is, the principle of reconciliation in administrative proceeding is suitable.This thesis will prove the view in four respects.Part 1 the fixed position of compromising principle. Administrative proceeding is different from Civil Action in essence. It's a limited conciliation.Part 2 the feasibility and coherent proofs. Modern administrative laws still possess mandatory character. But noticeable changes have taken place. In a administrative proceeding, the two parties are equal before the law and enjoy punish power. The administrative main body free adjudication power.Part 3 the advantages and disadvantages of setting up administrative proceeding compromising principle. This system may protect the citizens, legal persons and other organizations and their legal interests. Tt forces defendants to carry out its duties legally.Part IV Some operating thoughts.