Administrative Action Settlement System Study

Conciliation of administrative lawsuits means that the plaintiff and the defendant get an agreement on the spirit of mutual understanding and mutual accommodation presided by court during the course of administrative lawsuits. In the essay, the writer innovatly brings freewill conciliation of the parties and the conciliation presided by the court into the system of conciliation. At the same time, the paper indicates that the foundation of the conciliation of administrative lawsuits is based on the contract theory of public law .The transformation of the public right theories, diversification of the administration modes, and the existence of the administration judgment form the foundation of the conciliation of administrative lawsuits. And the equal status of the parties, corresponding potence obligation, and lawsuit system make the equal interlocution of the parties possible. After that, the paper indicates that in order to establish the system of the conciliation of administrative lawsuits, the first thing we should do is to radicate the basic principle of unconstraint, equality ,legality and rationality. The paper also discusses the procedure and essential document of conciliation of administrative lawsuits. Besides these, the paper confirms the extension of conciliation of administrative lawsuits on the base of different kinds of administrative lawsuits instead of different kind of administrative behavior. In the essay, the writer also points out that different kinds of conciliation need different ways to startup. If it is the freewill conciliation of the parties, it should only be startup by the parties willingly, if it is the conciliation presided by the court, then it should be startuped mainly by the parties willingly, subsidiaryily startuped by the courts. No matter which kind of conciliation is chosen, it should be censored whether it's rational, after that , the court would make conciliation minute or verdict. And if there are some flaws in the conciliation agreement, in order to redress the complexion, the parties could request the inquisition going on, or start the course of retrial.