Construction Of Mediation System Of Administrative Litigation In China

Whether in the administrative proceedings for mediation system in recent years in theory and practice of administrative trial has been the focus of intense debate in one of the issues. For a long time, as China's "Administrative Procedure Law" clearly provides for the people handling administrative cases, mediation is not applicable, so that in theorists administrative proceedings shall not apply conciliation has almost become law, but in the administrative proceedings in the trial practice and extensive use of mediation is an open secret. Theorists in recent years, the arguments are based on a variety of administrative proceedings in the mediation system in the demonstration of the feasibility and necessity. So be sure, administrative litigation system, although mediation is a common theme, but the theory of value is still important, still have to explore the value of research. I believe that:the current theorists of Administrative Litigation Mediation most part concentrated in the theory, few people on the basis of the system in theory, put forward a specific framework of administrative proceedings mediation system, so, this paper from the theorists point of view of the parties, then there is theoretical research into the problems in practice, through the analysis of theoretical and practical, administrative proceedings to establish a basic framework of the mediation system, that is, if we really want to introduce mediation in the administrative proceedings system This system specifically what principles to follow? How specific application? How to make this system work its effectiveness? Trial in order to address theory and practice of contradictions.This article is divided into five parts, with layers of advancing step by step approach to the interpretation of administrative litigation in China to build what kind of mediation. First, from the administrative proceedings related to the concept of mediation to proceed, through the mediation of administrative litigation, administrative proceedings and administrative adjudication of reconciliation coordination similar to Concepts, we can clearly draw a conclusion:in our long historical reasons and because some of the situations reality China revising the "Administrative Procedure Law," when, or should the concept of mediation, the other concepts in our use of words, not very suitable. A clear concept of the administrative proceedings after the mediation, I want to further administrative proceedings to analyze the nature of mediation, mediation by an accurate understanding and grasp of the nature, able to build an effective behind the mediation system to lay a solid theoretical foundation, so that Do not deviate from its own mediation should have this property.The second part of the theory and practice based perspective of the beginning of our legislative requirements in administrative proceedings does not apply because the mediation system, and such provisions in reality highlights the drawbacks, so that we can see that the Administrative Procedure Law Kinds of provisions no longer realistic requirements, there has been lagging in the Administrative Procedure Law of the introduction of mediation system has its rationality.The third part of the administrative proceedings demonstrated the reality of the feasibility of the introduction of mediation system. Some of the theorists and scholars of the traditional provisions of the Administrative Procedure Law was questioned, and with it the heated debate to require mediation in the administrative proceedings to establish the system, coupled with mediation in the litigation system itself has the incomparable advantage of judgments, This allows the introduction of mediation in the administrative proceedings system of practical possibility.The fourth part of the extraterritorial by some countries and regions on the system of administrative litigation mediation brief, summary of these provisions should learn from experience, these valuable experiences and inspiration for our country after the establishment of administrative litigation has played a very good mediation system Reference role.The fifth part is about what China wants to build a mediation system of administrative litigation specifically addressed, from the principle of conciliation, mediation of the scope of procedural adjustment process, the relationship between mediation and judicial mediation agreement can be relief, and other major, The outline of a specific mediation system framework for theoretical research and practical needs of integration, so that the pace of research is not only remain in the realm of theory, but to make a reality.