The Canvass Of Court Mediation In Administrative Litigation System

This dissertation limits to the court mediation in administrative litigation system. During the study of our present Administrative Litigation Act's relative rules, this article based on legal norms, theory and reality when summarized and analyzed the relative legislation of other counties, then give suggestion on the legislation of our norms of court mediation in administrative litigation System.In Chapter One, as a prerequisite, it distinguished the conception of court mediation negotiated settlement and compromise settlement. Then it combined with the current administrative litigation dispute resolution mechanism for the development process, and identified this dissertation is limits to the court mediation in administrative litigation system. The author also distinguished the conception of court mediation negotiated settlement and compromise settlement. After appraised defacto court mediation in our country and show the emergent of legislate our norms of court mediation in administrative litigation system, the author shows her conception of court mediation in administrative litigation system.In Chapter Two, it shows four statistices in Hangzhou Intermediate People's Court from 2006 to 2008, and point out the necessity of reconstruct today's confirmation rules on the court mediation of an administrative litigation, which is based on legal norm and reality. At the end of this chapter, the author raise three questions for the disquisition:1. Administrative litigation cases a steady increase in the total in 2006 and 2007, why in 2008 the rate of cases soared to withdraw an accusation into 37.3%, exceeding the previous year, nearly 25%?2. How to alleviate the limited nature of judicial resources and administrative complexity of the contradiction between the dispute?3. Did judges expressed to the parties "did you want to mediate in this case or not?" violate the principles of Administrative laws?In Chapter Three, based on the rules of our present Administrative Litigation Act, it first analyzed the relationship between legislative intention, administrative litigation and court mediation. Then, it deeply checked weather court mediation violate the principle of manage our country affairs in accordance with law or not. Finally, the author used the principle of administrative litigation as an theory instrument to explain reform mediation administrative litigation system is proper Chinese law.After resolving the problems above as premise, the Chapter Four analyzed four different aspects:the scope of application, the form to conclude a case, the character of mediation agreement, and meditational procedure, from which and the experience of continental legal system, it gives some suggestions on the litigation of our norms.