Talking About The Administrative Litigation Introduces Intermediation Mechanism

According to the article 50 of the law of Adminstrative procedure of the People's Republic of China,People's court can not apply mediation when they judge,which is based on that the subject of administration as defendant has no the prerequisite and foundation,such as the right of disposition.it is considered as the standpoint of the one side's right of disposition,but in the practice of ajudgement,many administrative lawsuits are ended by droping the charges.In adition to,for many cases by droping the charges,it is gived up not by the plaintiffs voluntarism,but by the court's mediation,so,the practice presentes a challenge to the legislative council and theory.In our Chinese thousands of years of traditional culture, "harmony is precious" is advocated and "humility is virtous" is encouraged.in the social atmosphere, it is necessary and reasonable to set down the mediation system.Before the reform and opening,a great lot of cases in China were mediated before they were put on the court.so,the mediation played an important role in defusing social contradictions.Keeping in view the world countries ,Be it Anglo-American law system or continental law system countries,There exists litigation mediation or accommodation.and also,some countries which introduced our Chinese mediation solved their important problems by the "east experience".To the administrative litigation,it has only more than ten years history.so,it is correct that legislation then had no mediation, However, social conditions have made great changes.Be it the abroad good method or the our Chinese good judicatory,it makes clear that it is necessary to amend the administrative procedure law.Nowadays,the actual circumstances that a great lot of cases about administrative disputes and administrative ajudgement are confronted with call the mediation.so,it is not only feasible but also that it will contribute to develop the administrative litigation system and solve smoothly administrative disputes that the adminstrative litigation introduces the mediation mechansim and establish limited administrative litigation mediation system.