A Study On The Construction Of Reconciliation System In Administrative Litigation

Administrative litigation as administrative dispute relief means, its purpose is tosupervise the main exercise their functions and powers according to law, to protect thecitizens, legal persons and other organizations of the legitimate rights and interests. Atpresent, with the emergence of a large number of new administrative act and the needfor the administrative proceedings judicature practice, only rely on the legitimacy of areview and make a final judgment of the trial mode has been unable to meet theadministrative litigation conflicts, check the final demand disputes, the establishmentof the system of administrative litigation settlement is growing. From the research ofthe current academic point of view, mostly focuses on the administrative proceedingsreconciliation or feasibility of administrative litigation mediation system, a lot ofresearch tend to refute the public power can not be divided from the angle of theoryfoundation of former administrative litigation mediation recognized ban overturned,but for reconciliation system construction and specification more often from theprinciple point to be discussed. This article from the judicial practice status ofcoordination and reconciliation of the court in administrative proceedings by starting,analysis of the advantages and disadvantages of the existing court work mechanism,thus different perspective to guide the legitimacy of the system of administrativelitigation settlement building, next to the discrimination of the administrativeproceedings reconciliation concept, nature, constitutive requirements so as tocomplete the definition of the administrative proceedings reconciliation theory. Effectof finally reconciliation in administrative proceedings on the basis of the foregoingand relief are explored.The article is divided into four chapters; the main contents are as follows: thefirst chapter of the administrative litigation reconciliation abnormal--coordinationmechanism. This chapter has analyzed our country administrative litigationreconciliation background, points out that the reconciliation is social, economictransition of contemporary Chinese need, is the overall construction of a harmonioussociety demands, is an important means of thoroughly resolving administrativedisputes. Also pointed out that the alienation and dilemma existing in the currentadministrative proceedings reconciliation in judicial practice, which lead to the viewthat the administrative proceedings reconciliation of rule of law is the ultimate choice of administrative litigation settlement development. The second chapter mainlyelaborates the legitimacy of the administrative proceedings reconciliation. Due to theadministrative proceedings reconciliation from the development goals, to conform tothe social transformation and economic development trend China comply withadministrative litigation, conducive to the realization of the litigant lawsuit purpose,consistent with the principle of litigation economy, embody the requirement ofjudicial activism, the perspective of the analysis and argumentation, provides the basisfor the legitimacy of so as to the legalization of administrative litigation settlement.The third chapter is the basis of administrative litigation settlement construction. Thischapter combines the analysis of the concept of mediation and reconciliation, definesthe concept and nature of administrative litigation settlement, the applicable scope andreconciliation in administrative litigation is discussed. Finally combining theextraterritorial provisions about the conciliation system of administrative litigation,administrative proceedings of our country was established on the reconciliationelements should be discussed from two aspects of the requirement of substantive lawelements and procedural law, and put forward the conception of the reconciliationform. The fourth chapter effects of the administrative proceedings reconciliation relief.Effect of this chapter with the help of foreign legal system of administrative litigationin the contrast and analysis of the substantive law provisions, the validity ofadministrative litigation judgment and reference of the civil lawsuit mediation, theeffectiveness of the administrative proceedings reconciliation in the procedural lawdefines the characteristics, and points out that the administrative proceedingsreconciliation in the effect of the. According to the effect on human and in view of theadministrative proceedings reconciliation respectively according to the parties and theangle of the third person concept of certain flaws relief means.