Study On Administrative Litigation Reconciliation

According to No.50 of Chinese Administrative Litigation Law, when People`s Court tries administrative cases, reconciliation is not suitable.This regulation is mainly based on"administrative departments don't have the power of penalizing the national powers".There are five reasons about why to forbid the reconciliation in the administrative litigation proceeding. But with the development of the administrative litigation practice, the piece of regulation can`t appeal to the action practice . More and more scholars show their doult about this.My thesis will back up the opinion: Reconciliation can be permitted in administrative litigation proceeding. The reasons are about :â‘ the disadvantages when the reconciliation can`t be permitted;â‘¡truly understand about the fixed position of compromising ;â‘¢the aim at how to solve the contradiction.In my opinion, administrative litigation proceeding is different from Civil Action in essence.So it`s a limited conciliation.It can be a necessary supplement to the trial. Finally, my article will discuss some operating thoughts about how to build up the reconcile system in the administrative litigation.So my thesis is composed of four parts.Partâ… :the idea of the administrative litigation reconciliation and the recent situation of our country; Partâ…¡:the reason that Reconciliation can be permitted in administrative litigation proceeding; Partâ…¢:the precondition and the basis principle of the administrative litigation reconciliation; Partâ…£:some operating thoughts.