Research On The Reconciliation System In Administrative Litigation

Administrative Procedure Law of the People's Republic of China stipulates that conciliation couldn't be used in judging administrative litigation cases. Coordination is an important way to resolve administrative disputes in the judicial practice, and has been widely recognized and promoted by the Court. The lacking of legal norms of coordination let people think that the administrative coordination of reconciliation is an illegal means. Reconciliation is different from conciliation, when they are used during the administrative proceedings. Establishing a complete reconciliation system in administrative proceedings, can remedy a defect of single way in judge; then it can make thing better in resolving administrative disputes and protecting the legal interest of the person subject to administration; it also can regulate the coordination, which is widely used as a means of settlement in administrative dispute without legal basis. China's traditional culture, the concept of harmonious society and the support of kinds of organizations, provide a good social basis for establishing reconciliation system in administrative proceedings. Through legal interpretation, we could find that according to the existing law, reconciliation is applicable in administrative proceedings; there is a wide range of discretion in government's administrative action; and the transition of administrative concept; all of above provide a theoretical support for establishing reconciliation system in administrative proceedings. There is a real need and well-founded for reconciliation of administrative litigation, so we should establish a reconciliation system in the administrative litigation. But it only exists as a supplementary means of dispute resolution.