On The Construction Of Administrative Litigation Settlement System

Administrative litigation settlement system as a way of settling a dispute in the western countries have already successfully used in practice, but our country just to stay in the discussion of the theoretical aspects, and this study has just begun, to some extent, this indicates that the awakening of the concept of administrative litigation settlement in China, which also indicates that China has just begun during the proceedings to seek the way to settle the dispute. Administrative litigation settlement means that the executive counterpart proposed the administrative proceedings after the court ruling, and before the ruling over, approval of the Executive parties of the dispute or recommendation of the court, presided over by the courts, the system is that both parties participate the administrative disputes and focus the dispute and consult the dispute. Construction of administrative litigation settlement system has practical significance, its purpose is to achieve the public interest and personal interests of the win-win situation in order to achieve maximum social benefits.In this paper, first introduce the concept of administrative litigation settlement system, starting from the public authority can be punish and legitimate process analysis the legal basic of administrative litigation settlement; use research methods of a comparative analysis on the comparison of common law and civil law system of reconciliation, introduce the characteristics, development of the history, and the operation in practice and get the inspiration of build a system of administrative litigation settlement. From protection of human rights, pursue the rule of the law , the background of the cultural, the introduction of administrative contracts, the extraterritorial aspects of relevant experience to build the executive discussed action settlement system, the feasibility, necessity and the existence of obstacles and solutions, concludes with the idea of building a settlement system.