Limited Mediation In Administrative Litigation

In modern society , the mechanism of settling disputes is becoming more and more flexible and the advantage of the mediation should not be ignored. The mediation of administrative litigation has long been a controversial hot spot in China. It is especially important to discuss this issue now as the Act of Administrative Litigation is about to be amended.This article summarizes the cause of formation and the plight of the non-mediation principle of administrative litigation and draws a conclusion that the existing embarrassing condition of non-mediation principle of administrative litigation is a result of theoretical misguidance. A new design should include following contents : broadening the scope of compromise ; setting up a third party as the compromise organization ; making clear the principles of volunteer autonomy , legality , rationality , etc ; enriching the methods of compromise ; and perfecting the procedure incompromise...