| 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 attics 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 five parts besides preface and conclusion. The fist part is concerned with the basic theoretical issue of the litigation intermediation, which mainly involves its implication, features, and so on. 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 conducive 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, criminal litigation a certain distinction link.The second part analyzes rationale for prohibiting mediation. The administrative main body represents the country's executive to exercise executive powers, the powers conferred 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 theoretical basics of limited mediation. Cooperative administration is the theoretic premise for the application of the theory of limited mediation; administrative discretion main power source is the limited administrative authority punishment. In addition, the purpose of administrative litigation, the nature of judicial power,... |
