Administrative Litigation Mediation System

The administrative litigation is not suitable to the mediation, which is the principle of administrative litigation. According to the third section of 50th and the 67th stipulation of our country Administrative Litigation Law, the court tries the administrative cases, except the administrative compensation lawsuit, is not suitable to the mediation. However, in the administrative litigation practice, it is universal existence in the litigation by judge to carry on consultative on the administrative dispute, and the judge, the plaintiff, and the defendant tripartite mediated massive cases. In fact, this procedure is essence of the mediation. This kind of phenomenon has caused the theory, the legislation and the practice apart seriously, which is worth thinking deeply. Gratifying, the revision of Administrative Litigation Law already is proposed, and the mediation system of administrative litigation is integrated the revising scope. At present, in the revision of Administrative Litigation Law suggests: the court under the premises of not violating the law, the public interest or other people's legitimate rights and interests, it may carry on the mediation to the administrative case. The third person may participate in the mediation after the court approval. Obviously, the scholar and legislature gradually accepted the value of administrative litigation's mediation. However, the strength of traditional theory, which opposed to establish the administrative litigation mediation system, is very formidable. Therefore, strengthening to study the administrative litigation mediation research is extremely essential, which is to provide the theory support and the concrete proposal for constructing the administrative litigation mediation system. This article unifies our country administration trial practice, using synthetically theories of administrative law science and litigation law science and using methods of history, logic and comparative analysis to analyze this system.This article, except the introduction and the abstract, is divides into three parts. In the first chapter, the author conducts the research to the elementary theory of administrative litigation mediation system, clearing about the connotation, the nature and the character of administrative litigation mediation. In the second chapter, the author mainly discusses the necessity and feasibility of establishing administrative litigation mediation. Legislates and practices comes apart seriously from our country administrative litigation practice's present situation, subsequently we carries on the summarization to the theorists of two entirely different viewpoints, and also proposed the author's opinion, which provides the theory support for establishing the administrative litigation mediation system. This is an innovation in this paper. And then, this article has emphatically discussed the necessity and the feasibility of establishing the administrative litigation mediation system. In the third chapter mainly is to propose some concrete tentative plan for establishing the administrative litigation mediation system, which is more important innovations of this paper, including the applicable scope, main procedure, relief way as well as negative effect control of administrative litigation mediation.