Rationality And Improvement Of Systems Of Reconciliation In The Administrative Litigation

The No.50 of the PRC Administrative Procedure Law clearly states:"People's Court administrative cases does not apply mediation."Since then, it has become the unique principle of administrative proceedings, and played a huge role to a late start Administrative Procedure Law in China. However, as society develops, people's consciousness of law and participation enhances, the characteristics of administrative proceeding have gradually changed from stiffness to reconciliation and other flexible direction, which led to the impact of various values and confliction. However, due to the mismatch between legislation and reality, the issue of the abolition of the reconciliation in the Administrative Litigation varies and the focus is the legality of its.In this context, this paper attempts to analysis the practice of the reconciliation based on the current research. Compared with foreign and Taiwan, the paper analyzes the practice and problems of reconciliation, demonstrate rational foundation, and propose ways to further improving the reconciliation mechanism in judicial practice from the current China national conditions and harmonious society.ChapterⅠcomes straight to the point, reveals the source of exploring the legality of no avail on the issue of reconciliation mechanism by the academic circles. First is the Supreme People's Court on Several Issues Withdrawal of Administrative Procedure. Through the interpretation of the regulations, the paper makes two-point questioned. Then according to the suggestion of borrowing the civil procedure law by legal interpretation method, says deficiencies. Finally, makes comments on the two kinds of researches evaluation, discusses the source of the problem——thinking mode, and suggests conversing thinking mode. Instead of entwining in static legal texts regulation, the paper suggests valuing positioning reconciliation from the generalized cyber perspective of administrative litigation settlement system, trying to analysis the rationality of reconciliation, and going out of the angle of the plight of legitimacy.ChapterⅡgives an overview of the reconciliation in Administrative litigation, which paving the way for further argument. First, demonstrates the legal effect of reconciliation from the research on the practice. Then followed by a case, suggests the social coordination effect - case matter, social harmony. At last, concludes that the problems of the system in operating, including the relationship between the legal basis and the system on the operation of "negative products" issue, the way closing the case, supervision of implement, and protection of people's legal rights, demonstrates our view: by-products can't deny the system itself.ChapterⅢdemonstrates the rationality of reconciliation. First of all, attributes from the executive point of view of public power, demonstrates that "public authority can not be punished" is relative, which is the biggest lift for the reconciliation system. Then prove the rationality of the reconciliation step by step, including the interpretation model of the administrative law, the types of administrative case, the traditional legal culture impact of current national conditions and other angles, resolve the confusion on the abolition of reconciliation, and bring it to better life.ChapterⅣOn the basis of successive rationality,perfects the systems of reconciliation from two aspects: legislation and judicial practice. First, briefly analysis the possibility and feasibility of revising the No.50 of the PRC Administrative Procedure Law, to respond to revise law suggestion; Then Combined with the judicial practice, from the Angle of move judicial system in perfect coordination of systems of reconciliation. Including the concepts and put-forward process of move judicial system, the problems and the cause of the problems, the specific perfect under move judicial system, thus making move judicial system into the systems of reconciliation, promoting the systems of reconciliation in the Administrative Litigation.Reconciliation in the Administrative Litigation has an important role in the process promoting democracy and legal construction in China as the existing administrative procedure, as an important system. We generation should be encouraged to try and continue to explore.