A General Talk About The Limited Mediating System Of Administrative Litigation

The 50~th article of the administrative litigation law of our country regulates that, ""mediation doesn't apply to the administrative cases." This theory is based upon the theoretic foundation that administrative institution has no right to discipline the power of state. Then does administrative institution have the right of discipline? Do "administrative institution has no right to discipline the power of state" and "the non-suitable mediation system of administrative institution" have any cause-and-effect relation? Due to the complication of social life, modern administrative laws all supply administrative institution with certain free arbitral power. Therefore, the present writer thinks the limited mediating system is a series of litigation activities which are based on the premise and condition of not harming the public profit of state, collective and society, and agree on the administrative controversy through mediation and within the limit of legal power.Besides preface and conclusion, the whole article can fall into four part:Chapter I: The general theories of the limited mediating system of administrative litigation. The present writer approach the limited mediating system of administrative litigation from its definition and legal characteristics, and contrast it with other reconciliation systems. And finally define the limited mediating system of administrative litigation.Chapter II: The feasibility of establishing the limited mediating system of administrative litigation. Clarify the fundamental theory that the non-suitable mediating theory doesn't belong to the administrative of our country. Analyze the feasibility of establishing the limited mediating system of administrative litigationfrom the angle of contemporary politics.Chapter III: The weakness of the non-suitable mediating system and its realistic need of mediating system. Establishing to limited mediating system of administrative litigation can fundamentally protect the legal right and benefit of plaintiffs, is good for the defendants to carry out administration according to law, economize the cost of litigation, and solve the litigation controversy overall.Chapter IV: Several points about establishing the limited mediating system of administrative litigation. Better the administrative litigation system of our country from the aspects of legislation, structure and content. Realize the mediating model of separating mediation from judging and mediating before judging from the aspect of the meditative application area and from the theory of limited mediation.