Research On Systems Of Reconciliation In The Administrative Litigation In China

The No. 50 of the PRC Administrative Procedure Law clearly states: "People's Court administrative cases, does not apply mediation.", And as a unique principle of administrative litigation. But the existing legal system can no longer meet the needs of the times and can not play an effective role. Therefore since March, 2007 ,The Fifth National Conference asked the trial courts at all levels improve administrative proceedings coordination mechanisms, including the courts of Shanghai, Shandong, Guangdong, Jiangsu and Chongqing have introduced related to specific provisions. However, the current use of administrative coordination of reconciliation to resolve disputes is actually based on the reality of the need to go beyond the law, only the Supreme People's Court is to promote the active exploration under a working mechanism,which expose many problems in various practice.This paper attempts to analyse China's current administrative proceedings in the special co-ordination mechanism reconciliation of the start, and proposed building legitimate and effective coordination of administrative litigation system of the preliminary ideas for reconciliation. Introduction and conclusion addition, the text is divided into three parts, as follows:Chapter I gives an overview of the full text will be to explore the theoretical basis. First clarify the definition of the concept of reconciliation .Then introduced the establishment and development of Germany, Japan and China's Taiwan region and come in the construction of China's legal settlement system inspiration. Finally reveals China's current practice of administrative proceedings particularity, that is, only a system of charges and inseparable from, there are many arguments in a trial to explore the early work mechanism.Chapter II analyses reconciliation mechanisms of coordination in our judicial practice in the current situation and problems. First of all, an overview of the macro at all levels in the administrative court throughout the trial reconciliation mechanisms in the use of the status of coordination with Shanghai and other areas in certain cases. the mechanism played a positive role at the same time, even pointed out that the mechanism may threaten legal authority , the unity of legal system and the lack of effective constraints . Then analyse the specific rules of Shanghai, Guangdong, Jiangsu and Shandong ,found a guiding ideology is not clear, the scope and procedures are not unified imperfect , and explore its root of the problem is in the absence of a clear legal basis for the initial exploration above the law.Chapter III builds a legitimate and effective system of administrative litigation settlement. To begin to solve the problem , administrative proceedings to resolve the dispute reconciliation is an effective means, but can not be widely applicable to all fields. Using a system of laws and norms related to the coordination of reconciliation is the only option out of its predicament. Secondly coordination reconciliation against the guiding ideology and principles, scope of application, the rules of procedure, effectiveness and closed manner, and other aspects that are given specific sound advice.Administrative litigation system as a reconciliation of administrative litigation an important system, can play the largest legal settlement system rolein promoting the constitutional development of this great country of the rule of law in the process, and other related systems need to convergence, the continuing need to improve the rule of law.