A Case Study Of Administrative Litigation

With the development of the society and the public law consciousness, the consciousness of the general improvement, single have been unable to meet the demand of practical judicial ruling ways of case settlement, in many cases, a single sentence final way not only can’t case there, it will further aggravate officer contradiction, cause administrative cases XinFangLiang climbing. Around the country, in this case, the court in the judicial practice of administrative litigation settlement, introduced in different degrees, and has carried on the positive exploration. Practice of administrative litigation settlement, mainly for administrative proceedings the parties reached a settlement, dropped by as the plaintiff’s application for the administrative relative person and put an end to the proceedings. Around the court in the judicial practice for many years showed that the administrative litigation reconciliation as a desirable type dispute resolution mechanism, not only improve the lawsuit efficiency, reduces costs, more important is on the basis of the parties thoroughly resolve disputes, to some extent compensate for the single sentence patterns inherent defects such as long period and too high cost, too rigid, advantageous to realize the unification of legal effect and social effect, therefore, widely recognized by society. But due to lack of unified standard in the legislation, administrative litigation settlement in the process of work, also exposed some problems, such as the lack of legal support, operating procedure is not standard, the plaintiff after the withdrawal of the suit rights exist hidden danger to judicial relief, etc. Coincided with the administrative procedure law of the People’s Republic of China for implementation of 24 years for the first time to modify, the repair method will lead to a rise in the beneficial experience in the practice of administrative litigation settlement for the law, establishes the administrative mediation system in administrative litigation, and from the principles, scope of application, application procedures, relief channels and so on has carried on the corresponding specification, effectively solve the outstanding problems that exist in the judicial practice in the past. Full text around the repair method to establish the administrative mediation in administrative litigation system is the core question, is divided into three parts. The first part is the introduction part, elaborated the selected topic background, research purpose and method. The second part is divided into three chapters in this paper. First of all to practice before the current situation of administrative litigation settlement, and based on this analysis explain the administrative litigation reconciliation across the country, and the related operation of the city S H in H city, including the overall situation and foundation and existing problems of the operation. Secondly, the introduction of case, and by comparing the "administrative procedural law" the impact of changes before and after the case processing, analysis the method can solve the problem and produce positive influence. Third, from the visual Angle of the judge, is put forward in the practice of carrying out the several problems should be paid attention to the new law. On the basis of the third part discusses in front of the comprehensive, put forward the practice of administrative litigation settlement beneficial exploration in the judicial practice of authority for approval, and summarize the significance of establishing the system of administrative mediation in administrative litigation.