Research Of Mediation System In Administrative Litigation

the Mediation System of administrative litigation means that on the premise of the ascertaining of facts, and the distinguishing right from wrong,in accordance with not contravene the provisions of laws and social mutual interest,the court as a third party coordination between the two parties who have administrative disputes to help two parties make an agreement under the base of voluntary and legality,and eventually end up the activity of litigation. In the continental system and anglo-American law system , administrative litigation exsit Mediation System,though the name of Mediation System is different. Even though Mediation System in Taiwan also has completed law regulation. while our courntry `s administrative litigation in article 50 specifically forbid such system, so that it is hard for Mediation System to come in and go out the main hall. however, Judicial practice prevents Mediation systerm to disappear, beacause of profibility of the relevance law regulations. in contrast, the systerm uses its advantages in the mechanism to resolve many disputes to win its own stage. the exsistence of a system has its own reason. What we need to do is not to fobid it, on the other hand, what we should do is how to apply the law to limit the system , and reduce the evils of the system, so as to have the system toward the direction of the civilization of the rule of law. Therefore, it is the reason why I write this essay that are divided into four parts:The first part:the releverance concepts of the Mediation System of administrative litigation and analysis to the present condition of the Mediation System in china.we can clearly understand notion of the Mediation System of administrative litigation, through the discrimination in the Mediation System of administrative litigation and the reconeiliation of administrative litigation in china, the relationship between the Mediation System of administrative litigation in china and the reconeiliation of administrative litigation in abroad. Meanwhile, from the aspect of the judical and legislative practice, I analyse the present condition of the Mediation System of administrative litigation in china.The second part: disproval on negativism to our country`s the Mediation System of administrative litigation.I will disprove negativism from one to another, through the reasons that the intellectual circles does not support the introduction of the Mediation System select several representive respects, such as the government's authority can not be penalized,invadeing public interest, judicial decision is the last way to limit the administrative power, and protecting the administrative counterpart interest. So that , I can remove the persuasiveness of the disproved reasons.The third part : The necessity and feasibility for establishment of the Mediation System of administrative litigation in china. I will proposal The necessity of the Mediation System to be introduced under the basement of several aspects, such as the balance between freedom and order, ensuring the rights of all parties, economic lawsuit, establishment of the harmony society and improving the way to solve the dispute,etc. I will analysis the feasibility in three fields, learning the releverance system on extraterritorial area, and the requirement to establish public-service oriented government.The four part:the designment of the Mediation System of administrative litigation. In this part, I learn from the relevant provisions of the Civil Procedure Law and administrative litigation law, and carry out a few ideas basing on The principle we are insisting on, Scope of Application of the case, action routine and effect in the Mediation System of administrative litigation .