Research On Systems Of Reconciliation In The Administrative Litigation In China

China’s "administrative procedure law"in the provisions of the administrative litigation in administrative compensation cases, are not applicable to the mediation, which is a unique principle of administrative procedural law in our country. But on the current judicial practice, all over the court’s practice and the provisions of the law is not consistent. In the judicial practice of administrative trial, for the essence of administrative disputes and achieve the target case, judicial organs often need to consider the balance of interests of all parties, and had to use a coordinator or mediation way of handling administrative cases. But due to the lack of legislation, judicial administrative coordination and there is no effective regulation, their discretion has not been effective supervision, resulting in a weak position in the administrative relative person’s legitimate rights and interests can not be effectively guaranteed. Based on this, we need to proceed from reality, face the problem of reconciliation in administrative litigation, administrative litigation a aspects of coordination and cleavage read the legitimacy and rationality, on the other hand, attempts to construct a scientific and effective administrative litigation settlement mechanism from the specification and system level, meet the real needs of justice, better implementation of administrative litigation the value of.In this paper, the author mainly uses the methods of literature analysis, comparative analysis and other methods, definition, from the connotation of administrative proceedings reconciliation theorists dispute in the judicial practice, the application and the necessity of the case, according to our country administrative proceedings mediation mechanism show to advantage, put forward their own ideas on Construction of China’s administrative litigation mediation settlement mechanism. This paper is divided into three parts as follows:The first part is the administrative litigation coordination of reconciliation. Mainly from the current administrative litigation in judicial practice appears to the actual situation of reconciliation form closed, puts forward the legal norms and judicial practice obviously deviate, and necessity of scientific and effective of administrative proceedings reconciliation system, at the same time, according to the current theoretical basis for in-depth analysis, defines the definition of reconciliation, and its related concept distinguish analysis.The second part mainly introduces the relevant disputes triggered by the systems of reconciliation in the administrative litigation and the evaluation, at the same time, from the perspective of the new institutional economics, administrative law, procedural law, comparative law, the administrative litigation can and should demonstrate that reconciliation, reconciliation mechanism is reasonable and legitimate and is the necessary conclusion.The third chapter the author puts forward the construction and perfection of mediation mechanism of administrative litigation of our country, including the applicable functions and positioning, coordination and reconciliation system principle, scope, limitation and effectiveness etc..