On The Application Of The System Of Administrative Litigation Mediation

As one of the great traditions of judicial activity in China, Mediation system, which has been relatively skilled employing in dealing with common pleas and criminal active pleas, well functions on promptly appeasing dissensions and improving efficiency of handling cases. However, in the field of administrative litigation in China, In virtue of the persistent insistence that "public rights should not be punished", administrative cases are forbidden to solve in mediative way. Due to the essential difference between administrative litigation and civil litigation, mediation system consulting that of civil litigation functions in administrative litigation ought to be finite counterpart. As we know, when administrative main subject take some actions, it legally enjoys free verdictive right in given scope, which vacates room for establishing a finite mediation system.In this article, firstly, the legislative intention of free-mediation system in the《Administrative Litigation Law》was detailed parsed. If mediation system was adopted by《Administrative Litigation Law》when it was constituted, It was considered that this system may punish public rights and impair the dignity of law, furthermore, jeopardize public interests. Whereas, this part presented some demurs to these restrictions, based on which, It exhibited the advantages and disadvantages when mediation system employed in administrative litigation cases or not.Secondly, combined with the analysis to argument bargaining system of USA and "First Case of Argument Bargaining" in China, the article elucidated the enlightenment concerned to if the mediation system adopt by administrative litigation.The third part of this article, based upon above analysis, was enriched with the demonstration about the feasibility and necessity when establishing finite mediation system in the area of administrative litigation in present days. For the sake of the safety of my conclusion, the discussion on this feasibility and necessity mentioned above was carried out in a comprehensive view which accommodated following points of the discussion: China's traditional law culture; legislative purpose and the confliction once the mediation system was utilized in handling specific cases; theoretical foundation; practice trial; mediative function; the mutual activation and complementarity between judicial verdiction and the function of mediation.Finally, the end of the article brought forward elementary assumption to construct a mediation system in China and preferred to show the intact procedure of the system including the scope and principle of mediation, procedure design, the way of ending a case.