Research On Administrative Litigation Mediation System In China

As one of the ways to solve disputes,mediation has been valued by the state since ancient times because of its advantages of high efficiency and convenience.It plays an important role in resolving disputes and safeguarding the legitimate rights and interests of citizens,and is also an important subject of judicial reform in the new era.A system in which a judge,as a neutral third party,mediates the focus of the dispute in the people’s court on the principle of voluntariness and equality between the two parties,so that the two parties reach a consensus and finally the administrative litigation can be concluded.Although litigation has more mature experience in resolving conflicts and disputes,mediation is more efficient than litigation.Under the current social background of promoting diversified dispute settlement,administrative cases are increasing day by day,and mediation is playing an increasingly important role in legal practice,which can better serve the people’s legal practice.Resolving disputes through mediation is a smart move of modern countries to deal with "litigation explosion",although the new Administrative Procedure Law has added the legislative purpose of "solving administrative disputes" on the basis of the original administrative Procedure Law.However,with the social development in the judicial practice of some new situations,the existing too general legal provisions,so that the administrative litigation mediation system in the specific application is not standard,resulting in the judicial practice of administrative disputes are still resolved there are still some problems.Other countries in the administrative litigation mediation system of legislation has been relatively mature,China’s administrative litigation mediation system of legislation is just in the initial stage.The research on administrative litigation mediation system is carried out from the following parts.The first part is the introduction,which mainly discusses the research reality inside and outside the domain of the system and the reference significance of the experience in practice to Our country.The second part is an overview,mainly discusses the principles,characteristics and the necessity of mediation of administrative litigation;The third part discusses the current legislative status and operation status;The fourth part mainly discusses the problems existing in mediation,including classification standard,applicable procedure,integrated mode of mediation and trial,and legality examination.Finally,suggestions for the improvement of the system,specifically,include the principles that should be adhered to,the scope of the types of cases for mediation to be adjusted,relevant procedures to be refined,and supervision and relief mechanisms to be improved.This paper mainly starts from the practice of the rule of law in the real society,and studies the mature experience and excellent theoretical achievements accumulated by the mediation system in various regions,so as to better apply the mediation system in administrative litigation.