Designs For Settlement Of Administrative Reconsideration Of China

We must construct the harmonious society, should be is full of the creation energy the society, is various aspects interest relations obtains the effective coordinated society, is the social management system innovates unceasingly and the perfect society, is the stable order society. But the present our country is being in the big development, the big transformation, the big reforming time, each kind of society contradictory from was at the condition which constrained for a long time to obtain the enormous release, the people demanded the desire was also very intense, its direct result was causes the court the case quantity straight line rise, particularly in administrative case's livelihood of the people class case quantity was the rise is swift and violent, to this kind of case's processing, if could introduce the mediation system, will be able to achieve "the document to tie the matter" to cause "the officials and people" the relations to move toward the benign development, but the administrative proceedings were not suitable the mediation are a present our country administrative proceedings principle, according to our country "administrationThe procedural law" 50th and the 67th 3rd article of stipulation, the People's court tries the administrative case, besides the administrative compensation lawsuit, is not suitable the mediation. But in the administrative proceedings practice, manages the litigant by judge to carry on consultative on the administrative dispute the situation universal existence, massive cases by judge, plaintiff, defendant tripartite "coordinated processing", this kind makes the law materially is "the mediation".This kind of phenomenon has created the theory, legislative and practice serious coming apart, is worth us thinking deeply. Therefore, strengthens to the administrative proceedings mediation research dynamics, is the administrative proceedings mediation system's establishment provides the theory support and the concrete proposal is very essential.This article unifies our country administration trial practice, synthesis utilization discipline theories and so on administrative jurisprudence, lawsuit legal science, uses methods and so on history, logic, comparative analysis to carry on the thorough discussion to this system. This article besides the introduction, the abstract divides into three parts.The first chapter conducts the research to the administrative proceedings mediation system's elementary theory, is clear about the administrative proceedings mediation the connotation, the nature, our country administrative proceedings mediation system present situation analysis and is not suitable the mediation principle the reason, and explained the administrative proceedings mediation superiority. The second chapter outlines our country educational world to introduce the mediation system's frame design to the administrative proceedings.The third chapter is mainly to the administrative proceedings mediation system applicable scope detailed elaboration, is this article mainpart.