Administrative Litigation Mediation Research

Whether our country does have to establish the administrative proceedings mediation system always is a hot topic, soon revises in the administrative procedural law, discusses this question may have the practical significance. At the same time, the administrative lawsuits mediation also involves to the operation of the executive power and the administrative law basic question, thus its research also has the very important theory value.This article mainly includes four parts: The first part did self-criticism to the not implementation of the mediation system of our country's administrative proceedings, from carefully examined the present situation to embark, then carries on the origin by the thorough analysis, on this foundation, to reconsider the malpractice caused by the not implementation of the mediation system of administrative proceedings such as the disguised form of mediation, be disadvantageous to the thorough settlement of the dispute, and so on.The second part is this article's core part, mainly from the cultural base, the legal basis, the system value and so on in multi- angles to carry on the feasibility analysis and the proof to the establishment of administrative proceedings mediation system. In fact, whether can our country's administrative proceedings establish the mediation system, the question which theoretically disputed quite big, must solve is that the administrative main body whether can dispose the executive power , author's viewpoint are different from the traditional viewpoint, believed in that, in the administrative proceedings ,the bilateral litigants all enjoyed the disposition right, the modern administration procedural law's service administration theory have provided the support for author's viewpoint. In the part of the elaboration of the system value, the author mainly embarks from the economic angle; take the time with a brand-new angle of view, as to increases the powerful explanation to the feasibility to the establishment of the mediation system of administrative proceedings . The third part through the administrative proceedings mediation and the conciliatory system carries on the inspection to the territory outside: the plea bargaining in USA, Taiwan and Germany's administrative proceedings and reconciliation system, France's mediates special commissioner system, provided the model valuable experience and the enlightenment for our country's establishment of mediation system to the administrative proceedings, it may be said the learning from others, was allowed to attack the jade.The fourth part is this article's ending partial, in before carries on above the full theory proof foundation then to propose the actual operation sequence, namely attempts to construct our country's mediation system of administrative proceedings, specifically includes the principle, the scope, the procedure and so on.