On The Establishment Of Reconciliation System In China Administrative Litigation

According to clause 50 of China Administrative Litigation Law, it is forbidden to apply reconciliation in administrative litigation, which does not hold water in theory and is always avoided in judicial practices. We think to prohibit conciliation in administrative litigation cannot accommodate with the development of modern administration. At the same time, it cuts apart the historical connection with traditional Chinese culture. Its position in judicial practices is quite awkward. Whereas in Taiwan and other countries, administrative litigation is established as a legal system, with which good social effect has been achieved solving disputes in judicial practices. Based on this, by means of analysis method, comparative method and demonstration method, this essay probes deep into the theory of establishing reconciliation system in administrative litigation and based on which brings forward the specific project of establishing reconciliation system in China administrative litigation.This essay is divided into five parts. Part one is foreword, which mainly expounds on the necessity of establishing the reconciliation system of China administrative litigation; Part two is the summary of reconciliation in administrative litigation, which defines the connotation of reconciliation in administrative litigation and distinguishes several confusing conceptions; Part three is investigation of reconciliation system in administrative litigation in Taiwan and other countries, which introduces the theories and practices of reconciliation system in administrative litigation in Taiwan and other countries; Part four is challenge to inapplicability of reconciliation in China administrative litigation and analysis, which analyses the limitation of the inapplicability of reconciliation in China administrative litigation, and analyses the applicability and feasibility of establishing reconciliation system in China administrative litigation. Part five is establishment of reconciliation system in China administrative litigation, which contrives the reconciliation system in China administrative litigation based on the reconciliation systems in other countries.