| As a traditional system with Chinese characteristic which has been used in the civil and private criminal prosecution cases quite frequently, mediation system has played a great role in setting disputes, increasing efficiency, promoting social harmony. Therefore, mediation system enjoys "The East Experience" reputation in Western countries. However in our administrative proceedings, since we emphasize such principle that public power can not be disciplined, and public interest can not be assigned, the objection to the use of mediation system in the administrative proceedings is still the mainstream voice except in compensation litigates. Now judicial dispute resolution mechanism has a diversified international trends (such as the extensive use of ADR in the United States), and it is urgent for China to introduce mediation system in administrative proceedings. The author suggests that we should apply mediation system to some extent in administrative proceedings based on our judicial traditions, theoretical basis of mediation system, extraterritorial provisions of the administrative proceedings. Besides mediation system is challenged. This article focuses on the principles to be followed in mediation, the applicable scope, mediation procedures, the relation between mediation and trial , the making of mediation and the effectiveness of the mediation system with a view to establish and improve our administrative dispute settlement mechanism. This idea should be limited to the application of administrative litigation mediation and this text is divided into five parts concerning the application of administrative litigation mediation theory arguments, basic principles, scope, mediation and conciliation procedures, such as the effectiveness of the system from the theoretical level to the application of administrative proceedings conciliation specific feasibility analysis, from the perspective of judicial practice and the operation carried with respect to out mediation system design. |
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