Of The Mediatory System In Our Country's Administrative Lawsuit Construction

It has great significance to establish the scientific and reasonable mediatory system in administrative lawsuit. This can help resolve disputes effectively, protect parties'legitimate rights and interests better, promote the administrative department to exercise their functions by law, and then realize the legislation purpose of the Administrative Lawsuit. The Administrative Lawsuit, in our country, repels meditative system, which is incompatible with the needs of current administrative trial operation. What's more, this situation has many defects, such as jeopardizing the law authority, not meeting parties'demand for relief, questioning judicial status and function, damaging public interests, etc. In view of this situation, this essay tries to prove the feasibility of establishing the mediatory system in Administrative Lawsuit from the aspects of theoretical basis, judicial foundation, social condition, and so on.. In order to illustrate its point this essay is based on our country's judicial practice, follows the principle of dispute resolution, draws on the experience of outer-regioned proceedings reconciliation system and consults many achievements of civil lawsuit research. It also puts forward the basic construction framework of mediatory system in Administrative Lawsuit, including the character location, principle, applicable scope, procedural design, the authenticity of reconciling agreement, mediatory relief, so on and so forth. Furthermore, considering the limitation of mediatory system in Administrative Lawsuit, this essay makes a systematic exposition about a series of matched mechanism, that is, reinforcing the punishment and supervision of malicious mediation, fostering large numbers of neutral, impartial and passive judges.