Mediation System Of Administrative Litigation Research

"Administrative Procedure Law" Article 50:"People's Court an administrative case does not apply mediation, established the principle of administrative proceedings not applying the mediation. This is determined by the special time and environment, along with the process of social development and the deepening of the rule of law in trial practice, a large number of cases resolved through the coordination of withdrawal, the formation of the administrative proceedings are not normal "mediation sub-culture. " Administrative proceedings rather than allowing the trial to circumvent the law, ignoring the authority of the law, I believe that it would be better defined administrative mediation system, drawing on extra-territorial legislation and judicial practice related experience, combined with the background of the rule of law, current conditions, system construction of China's Administrative Litigation Mediation System, and ensure that there are laws to go by, effectively protect the legitimate rights of the administrative counterpart to promote the administrative body according to law.In addition to this introduction and the conclusion, this paper is divided into four parts.The first part described in detail the general principles of Administrative Litigation Mediation. The first part is to investigate the meaning of mediation, character, nature, and related concepts and comparative analysis of the significance of administrative litigation mediation system. The second part comparatively analyzed the extra-territorial administrative proceedings related to the Legislation Mediation Theory and Practice. This part of the comparative study of civil law and common law countries and representatives of several major administrative region of China in Taiwan related to the Legislation Mediation Theory and Practice. The third part reviewed the status of administrative proceedings mediation system from the legislative, judicial review and theoretical. The fourth part is about the Administrative Litigation Mediation Construction. This is the focus of this article. This section describes the basis to establish the system of administrative litigation mediation, the principles to be applied, scope, procedures, regulations, the effect of successful mediation, the remedies of the parties when the mediation agreement is invalid.In short, to amend the "Administrative Procedure Law", formally incorporated Administrative Litigation Mediation into the text of the law is imperative, only so can better limit the abuse of executive power, Improve administrative efficiency, conserve judicial resources and Protect the legitimate interests of the administrative counterpart.