Research On The Compromise System Of Chinese Administrative Litigation

Research on the Compromise System of Chinese Administrative LitigationThe compromise of administrative litigation is that in order to end the dispute,in the administrative proceedings, under the auspices of the judges and within the range of legal provisions, the administrative body and the administrative counterpart discuss on part or whole of the object, and reach a compromise by giving up part of one’s own interests. Although our country’s current related administrative legal system of administrative lawsuit compromise has not been defined clearly,the research on it is in full swing in academia.In practice, plenty of lawsuits are ended up with a compromise.From the current view, the attempt of drawing the system of compromise into administrative litigation cannot only solve administrative disputes effectively, but also ease the tension between state power and civil rights, thus establish an equitable interaction between the two.Looking through the extra-territorial legal practice, to research and establish the compromise system of administrative litigation has become a worldwide trend. The VwGO of Germany and related administrative laws in Taiwan area of our country have made clear stipulations on the compromise system of administrative litigation.In recent years, the voices of advocating to learn from foreign experience in legal construction and establishing the compromise system of administrative litigation correspond with our judicial environment have become increasingly strong.In the context of the current era of building a socialist harmonious society, in order to reduce conflicts and confrontations, and to create a harmonious legal environment, to resolve administrative disputes through reconciliations has become the central task of the courts at all levels.In order to meet the needs of the development of the rule of administrative law, it is of great significance to realize economical litigation, improve administrative efficiency, and to protect the legal rights of citizens by drawing the compromise system into legal orbit through legislation.Based on the above, starting with practical application of the coordination andreconciliation in administrative proceedings, Learning the related legal system fromGermany, Japan and Taiwan area of our country, deeply explaining the compromisesystem of administrative litigation, using the literature analysis, logic analysis,comparative analysis and empirical analysis etc., this paper discusses on thetheoretic basis and realistic significance of establishing the system in our nation andgives several suggestions on preliminary conception of it.This article,in addition to the introduction and conclusion, can be divided intothree parts, the structure is as follows:The first part of the full text discusses and analyses the basic theory of thecompromise system of administrative litigation.Above all,the author combs theattitude of the theoretical and practical circles towards compromise, and thenexpounds the concept, the properties and the characteristics of compromise systemof administrative litigation from the definition of lawsuit reconciliation. Next,theauthor differs the concepts between the administrative litigation compromise, thecivil litigation compromise, the administrative litigation compromise and withdrawala lawsuit, further clarifies the basic connotation of compromise of administrativelitigation,and prepares the foreshadowing for the interpretation of the followingtheories.The second part discusses the practical feasibility of the establishment of thecompromise system of administrative litigation and its value and significance. First,from the theoretical level, the practical level, as well as the cultural dimensions, theauthor discusses that we already have the conditions for the establishment of thecompromise system of administrative litigation. And then the author expounds thepractical significance of establishing this system. It can reduce the lawsuit cost,reduce the judicial waste of resources, improve the court work efficiently, bettersolve the administrative disputes thoroughly, and create the harmonious judicialenvironment.On the basis of the previous two parts,after a discussion and analysis, the thirdpart puts forward the idea of the establishment of the compromise system of administrative litigation in line with our national conditions.The author discusses theprinciples of the compromise system of administrative litigation, the scope and theconstitutive requirements, and then puts forward the concrete reconciliation program,furthermore, detailedly illustrates the rules of procedure, effectiveness, settlementand flaws relief. In the background of building a socialist harmonious society, thecompromise system of administrative litigation, as an effective way to solve thedispute, should be combined efficaciously with other related systems, in order toplay the important role better.