Research On The Pre-litigation Mediation System Of Administrative Disputes

The application and development of the pre-litigation mediation system in civil litigation have been relatively complete and mature,but in administrative litigation,pre-litigation mediation is rather novel.As one of the administrative litigation reform measures,this system is only stipulated in the judicial documents issued by the Supreme Court,and the Administrative Litigation Law has not yet clarified the system.The pre-litigation mediation of administrative issues does not function well in court practice and its legality has also been questioned by scholarly circles due to the lack of legislative support and the improper establishment of pertinent procedures.In addition,since pre-litigation mediation is a relatively new amelioration of the litigation system,the practical experience of courts in various places is limited,and there are few relevant studies in the academic circles,which cannot timely reflect the difficulties faced by the system in practice.It is therefore difficult to say whether it will succeed in its mission of substantively resolving administrative conflicts or if there are any suggestions for enhancing the construction of the current system.It is the general inclination to standardize the pre-litigation mediation system of administrative disputes at the legal level,but the improvement of legislation cannot be achieved in one day.How to operate the system scientifically and rationally under the current regulation should be an active concern of judicial practice and academic circles.Firstly,this article takes the development and rise of pre-litigation mediation of administrative disputes as a starting point,analyzing its function and value.Additionally,this paper assesses the system favorably and examines the pre-litigation mediation method’s theoretical underpinnings.Moreover,this article sorts out and summarizes the institutional structure of pre-litigation mediation of administrative disputes.At the same time,supplemented by empirical research in the judicial operation of some district courts,it analyzes whether pre-litigation mediation has achieved the goal of substantively resolving administrative disputes,and what factors affect pre-litigation mediation.Via empirical study,this article examines the theoretical disagreements and practical challenges the system is now facing.Finally,by analyzing the causes of disputes,it puts forward feasible suggestions accordingly in hopes to achieve the goal of substantively resolving administrative disputes.