The Reconciliation System In The Administrative Litigation

The reconciliation of administrative litigation means that the plaintiff and the defendant get an agreement on the object in the spirit of mutual understanding and mutual accommodation presided by court during the course of administrative litigation. In the background of building the Harmonious Society and the rule of law society, Construct the Reconciliation System in the Administrative Litigation not only reflects the value of the service concept, with freedom, efficient, low-cost features, but also shows the basic spirit, which run through the modern administrative processes, that means the freedom, consensual and democracy. The system of compromise in administrative litigation has established by many countries, and is playing the vital role at settling the administration dispute. At present, the scholars of out country in the theorists and practitioners have a great interest in this issue. In recent years, some courts at all levels in all the administrative trial practice of innovative thinking, actively explore the reconciliation of administrative litigation system of administrative litigation, trying to quote a final settlement system of new ways to resolve administrative dispute, it not only played a very good effect, and formed the administrative powers and citizen's rights, promote the balance of interactive development and the construction of harmonious society. But this system in China is still faced with lack of legislation in administrative litigation, there are many problems in practice. In view of this, the article start with the basic content of the reconciliation of administrative litigation, then clarify the relations with relevant concepts. The article analyzes the theoretical foundation and the practical significance of the reconciliation system in the administrative litigation, then described and analyzed the current reconciliation requirements of administrative litigation'problems, and proposed some suggestions to consummate the reconciliation of administrative litigation.There are three parts of the article: The first chapter had summarized the reconciliation of administrative litigation, discriminated the related concepts, which include the reconciliation of administrative litigation, the non-litigation settlement, civil reconciliation system, administrative Litigation Mediation. And in this article, we mainly discussed the reconciliation of administrative litigation. In the process of comparison,the article described the reason that our county is not fit to establish the reconciliation of administrative litigation. Then the article analyzed that the harmony is the establishment of the reconciliation of administrative litigation. And the contract law, conversion in administrative functions and the existence of the legal administrative discretion are the theoretical basis of public law of the reconciliation of administrative litigation. Established the reconciliation of administrative litigation, not only conform the pluralism resolve disputation, but also meet the needs of the establishment of service-oriented government. At last, the article summarized the foreign country's reconciliation of administrative litigation. And we can reference some successful experience of foreign countries to perfect our legal system.The second part is the administrative litigation settlement practice provisions and the problems. Although there are no administrative remedies in the legal system of administrative litigation settlement legislation, but around the courts at all levels are actively exploring the establishment of the system. In January 2007, The Supreme People's Court released the"building a socialist harmonious society and a number of views on judicial protection"to Proposed the "administrative proceedings to explore settlement system" called for the commencement. In practice, the court would be passed around the level of the administrative dispute reconciliation, the establishment of local administrative action settlement pilot, etc., and actively explore the establishment of the system. After local pilot and innovation, the Supreme Court on January 14, 2008 issued "。About Administrative Litigation withdraw an accusation the provisions of a number of issues," Judicial interpretation of the settlement withdraw an accusation by a clear system of judicial practice in administrative proceedings certainly the work of the position and role of reconciliation. Subsequently, the author compares Shanghai, Shandong, Jiangsu, Guangdong and several other cities in administrative litigation settlement systems and regulations, and concludes the system of administrative litigation settlement problems. There are four aspects: firstly, the existing system is around the courts at all levels to actively explore the results, the lack of a unified legislative framework, to some extent a threat to the authority of the rule of law. Secondly, the local people's courts did not accurately locate reconciliation system functions. Thirdly, there is no clear conditions and scope of administrative litigation settlement. Fourthly, the system didn't have proper reconciliation rules of procedure. In addition, the people's courts had set many people to the administrative litigation settlement procedures that would affect the independence and impartiality of the judiciary. And the procedure didn't prescribe the third party. It is a pity.The third part analyzed the shortages of the administrative litigation settlement on the second chapter of the foundation, and put forward some advice to perfect the system. Firstly, from the substantive and procedural aspects to perfect the legal elements of administrative litigation settlement. The second, defined the precondition of the administrative litigation settlement, and clear the area for the reconciliation System in the Administrative Litigation.The third, From the settlement of the proposed settlement of the proposed settlement of cases by the form, the judge in the reconciliation process, as well as the status and role of the flaws in the reconciliation of relief and so on ,to perfect the administrative litigation settlement rules of procedure. Because the procedural justice in order to ensure the entities justice, and the procedural rules more conducive to improve the role played by substantive law.In the background of building the harmonious society, modern administration that emphasizes service administration, democratic administration, and pay attention to the administrative process of consultation and communication. Administrative behavior had been to diversify from the monotony, might color gradually weakening.It can be said that construction of administrative litigation settlement system and application is based on the administrative flexibility; effectiveness and cost-benefit exercise of executive power so realistic considerations, but also reflects the modern administrative process should be run through the basic spirit, which is consensual and democratic sex. In this paper attempts to establish the administrative settlement system is not to replace the existing divergent solutions of certain administrative mechanism, but only wanted to use their own strengths to make up owned by the existing system deficiencies. The Reconciliation System in the Administrative Litigation is not achieved overnight, and it will require legislative support and the corresponding supporting judicial reform, as well as the entire country's development and improvement of legal environment.