Limited Application Of Mediation In Administrative Proceedings Discussed

Administrative proceeding prescribes that the mediation is not applied in cognizance of administrative cases . It is necessary that probing into the legislative and judicatory measure about reforming and improving the proceeding, by reviewing the mediation system in administrative litigation and comparing some country related systems, starting with status and variance of our system. It is need that reunderstand and study the provision that the mediation is not applied in cognizance of administrative cases ,reform and improve the mediation system.This article which bases on the thought about the legislative and practical issue of the mediation system in administrative litigation demonstrates the reality and essentialness of the limited applied mediation system.It is discussed that the principle of limited mediation, the applied scope and some procedure rules.This article includes five parts.The first part is about the development of the argument that the mediation is not applied in administrative litigation ,the main view and the jurisprudence. In the second part,we review the "withdraw-harmony system".In the third part ,we review the mediation and reconciliation system in administrative litigation in Japan,Germany, France and Taiwan in order to improve the system in our country. In the fourth part,it is demonstrated that the reality and essentialness of the limited applied mediation system.It is analysed that the advantages and disadvantages of the system. In the fifths part, It is discussed that the principle of limited mediation, the applied scope and some procedure rules.