The Theory Of The Mediation Of Administrative Compensation Cases

In May 2015, the revised "administrative procedure law of the People’s Republic of China"(hereinafter referred to as the "administrative procedural law") formally, in the new "administrative procedural law" specific provision shall not apply to the mediation system in administrative litigation, administrative compensation, compensation and administrative organs to exercise at the discretion of the laws and regulations of the case. And thus determine the administrative litigation of our country limited mediation system. The establishment of the system will cause the administrative litigation activity change, this change will be involved in the administrative litigation judgment model and operation mechanism of administrative litigation. Research on administrative compensation litigation mediation mechanism, provides a new way for solving administrative compensation dispute. Mediation as one way of accusing the dispute settlement mechanism, itself has set constructed in the form of relatively peaceful role for check. To solve the administrative litigation, protect parties rights, maintain the government has an important role. The paper will be of administrative compensation litigation have characteristics as the breakthrough point, the difference between other types of administrative litigation, procedural problems of mediation in administrative compensation cases were emphatically discussed. In this article, through analyzing the application status quo of the mediation in administrative litigation in our country, combining with our country present stage of administrative compensation and the academic research of mediation in administrative litigation, the foreign related system, proposed the current administrative procedure law in our country about the improvement of the administrative compensation lawsuit mediation system.This paper is divided into introduction, main text, the paper summarizes eight parts totaling more than thirty thousand words to our country administrative compensation lawsuit mediation mechanism is analyzed in this paper.In this paper, the body of the first part introduces the legislation situation of administrative compensation litigation in our country, and analyzes the basic theory of administrative compensation litigation. Find support through the analysis of basic theory, administrative compensation lawsuit mediation system existence and development of strong point; The second part of the administrative compensation litigation can be regulatory, in this part, the author to explore the nature of administrative compensation litigation, in combination with China’s national conditions for why argument on the procedures of administrative compensation litigation can apply conciliation; The third part analyzes the mechanism of administrative compensation litigation mediation needs to follow the basic principles, and the premise of administrative compensation litigation mediation; The fourth part analyzes the mechanism of administrative compensation litigation mediation in our country, analyzes the traditional mode of two kinds of mediation, and points out that exposed the shortcomings of the justice practice in our country, and analyses the causes of the disadvantages. The fifth part, outside the relevant legal system are analyzed; The sixth part, the author reconstructed administrative compensation litigation system in China, puts forward to establish the idea on separation of mediation, and put forward the concrete mediation procedure, design the program’s start, elected by the mediator, mediation right evidence used in the process of supervision, mediation, conciliation agreement review and remedy mechanism of administrative compensation litigation mediation.