Study On Legislation Of Administrative Litigation Mediation In The Background Of Harmonious Society

Our legislation of administrative litigation is on the theoretical basis that publicrights cannot be disposed and has established the model that administrative litigationdoes not apply to mediation. However, in the background of building a harmonioussociety, with the deepening of judicial reforms and the evolution of the process of ruleof law, the legislative rules and the juridical practices have severe conflicts. It hasbeen found that introduce mediation into administrative litigation is beneficial topromote harmony and maintain social stability. Therefore, tracing to the sources ofstudying the historical and current situations of administrative litigation mediation isof practical significance to formulate and improve the administrative litigation systemwhich is corresponding to China’s national situation.This paper is divided to five parts.In the first part, it defines the basic concept of administrative litigation mediation,briefly illustrates the characteristics of lawsuit mediation and its differences withrelevant systems, and specifies the independent existing significance of administrativelitigation mediation.In the second part, it illustrates and analyzes the theoretical bases on whichadministrative litigation applies to mediation including the value basis of law, thephilosophical basis of unity of opposites of personal interests and public interests,traditional basis of Chinese culture——Harmony is most precious and the theoreticalbasis of executive laws.In the third part, it introduces and summarizes the historical and currentsituations in which lawsuit mediation applies to our administrative cases. As to theadministrative litigations which are not apply to mediation, the traditional theoreticalbasis is mainly that the administrative public power cannot be punished withoutpermission as prescribed in the law. In recent years, in order to meet the requirementsof the situation, the Supreme People’s Court tries to blend the administrative litigationmediation system into withdrawal system for specification in the existing system,which has acquired good social effects. But the withdrawal system has not and can notset up the whole system of administrative litigation mediation, and the withdrawal procedures lack effective legal regulations and supervision. The non-standardoperations during the practice result in many problems in the existing administrativelitigation.In the fourth part, it investigates the relative systems of administrative litigationreconciliation which are beyond the domain. The writer has summarized thecharacteristics of extraterritorial Administrative lawsuit reconciliation system andcontends that from the historical tradition and current situation of our meditation, it isbetter to imitate the actions of civil law countries represented by Germany andestablish the legislative patterns of administrative litigation meditation.In the fifth part, it demonstrates how the lawsuit mediation is applied specificallyin our administrative litigation cases in detail, and provides reasonable and feasibleadvice to the devise of administrative litigation mediation system. It has demonstratedthe principle and scope of application in which the administrative litigation applies tomediation. Finally, the writer combines the mediation of civil actions and specifiedthe possible problems to introduce the administrative litigation to mediation. It hasalso put forward reasonable advices to how to apply mediation to administrationlitigation and avoid weaknesses. First, the court should pay attention to theexamination and supervision of the validity of mediation; second, build and improvethe oversight mechanism of administrative litigation mediation. Last, it is necessary toimprove the remedies procedures of flaws mediation.