The Establishment And Construction Of Administration Mediation System In China

Article 50 of the"Administrative Procedure Law of The People's Republic of China" stipulates that:administrative cases which the people's courts handle shoud not use mediation. In actual judicial practice, The courts intervened in the case to creat a chance which plaintiff and defendant can discuss the matter in a friendly manner. by this means, evading the provisions that there is no conciliation in administrative proceedings. Cases like theirs occur in administrative proceedings makes a highter rate of withdraw a lawsuit in recent years. This situation indicates that our society need the mediation system of administrative litigation, and it is also consist in. At the present time, when judge the administrative proceedings,many courts take the pacificatory measure to change the administrative practices or make the plaintiff withdraw a lawsuit. The method not only effectively reducing the complaint rate of administrative practices,but also maintaining social harmony and stability. So we must build the mediation system of administrative litigation which have a distinctive characteristics.Mediation system is a traditional system in china,that means the court acting as a mediator,and help the two parties negotiated a settlement to settle dispute. during this present period,building the mediation system of administrative litigation can both reflecte the socialism rule of law and traditional culture of harmony is most precious. Though the mediation system of administrative litigation have a tortuous development in the past years, but the mediation consciousness is improving. For this reason, in mediation there is no substance difference between administrative proceedings and civil case. Both of them have the dual attributes in procedure law and substantive law. Mediation system used in administrative proceedings is both parties' acceptable behaviour. Reconciliation agreement should have de same effect with other legal instruments and can be the evidence of enforce. Building the mediation system of administrative litigation will certainly go with the tide of historical development, prove to be the propellent of the harmonious society. As a result, the provision that administrative power can not punish and unsuited to mediation is untenable.In this paper,I will discuss the feasibility of building the mediation system of administrative litigation by study the legal principle and the judicial practice. Wish to perfect the "Administrative Procedural Law".