On The Construction Of China's Administrative Litigation Mediation

Mediation is the administrative proceedings in the administrative proceedings, administrative and executive authorities relative to the subject matter of the action agreed upon by the People's Court approved in whole or in part, the behavior of the end of litigation. It has a dual nature, on the one hand it is a public law contract, on the other hand is a legal action. Administrative Mediation and modern payment system administration, service administration, suitable values of a litigation system. Germany, "the Administrative Court Act" and Taiwan's "Administrative Litigation Law" are made clear its provisions, Japan's academic and judicial practice can also apply conciliation in the administrative proceedings in a fierce discussion. In China, legislation and administrative action is not on the provisions of the mediation, trial practice in a large number of activities, administrative proceedings are often coordinated by the Chief Judge of the relative withdrawal of means to achieve the "mediation", in order to mediate rectification of names, to adapt to China's administrative law development needs, it is necessary by way of legislation into the mediation of administrative proceedings the scope of the adjustment of justice, this action for the achievement of economic, administrative efficiency and resolution of administrative disputes have important significance.This paper contains four parts besides the foreword.Part one:Overview of administrative litigation mediation. This section from the reconciliation and mediation-related, meaning the withdrawal of the paper analyzes the differences and connections obtained by comparison: foreign on litigation settlement system is in fact what we call the mediation system, and summarizes the administrative proceedings come to the definition of mediation, Then, by invoking and analysis of Germany, Japan and Taiwan on the nature of the doctrine of administrative litigation mediation, administrative proceedings that mediation is "one of two acts of nature," while a public law nature of contracts and litigation. Then, the effects of administrative litigation in China's legislation on the history of the provisions of the mediation system in the origin, and introduced China's administrative proceedings is not applicable on the theoretical foundation of mediation, such as the public authority can not dispose of, principles of administrative review of the legality of the proceedings, administrative proceedings the parties unequal legal status, administrative proceedings such as mediation detrimental to public interests. Part two: Does not apply in administrative proceedings Mediation. The first part of the traditional mediation on administrative proceedings do not apply the theory to start its re-interpretation and reflection, and then discussed from two aspects of Administrative Litigation Mediation necessity and possibility that the theoretical basis and practical needs .Part three: Administrative proceedings in other countries and regions learn from the mediation system. Introduced in Germany, Japan and Taiwan on the system of administrative litigation settlement, and the similarities and differences were compared.Part four:Mediation in Administrative Litigation idea. The first is the principle of conciliation, mediation should be a voluntary administrative proceedings, the right to dispose, not against the public interest and the principle of third party interests. Applicable to administrative proceedings followed the type of mediation cases, including executive compensation compensation cases, the administrative contract cases, administrative adjudication of cases, administrative cases, incentives and administrative punishment cases. Once again, the specific procedures for conciliation, mediation should start voluntary application by the parties or the court proceedings to the parties the recommendations of the mediation, with the approval of the parties agreed to mediation after the chair; mediation period for first or second instance, to make decisions before the retrial procedure any stage of the proceedings; mediation mediation approach in writing the book, the effective time of the mediation agreement is signed by the parties in mediation, the mediation effect with equal force to determine the verdict, binding and execution; When conciliation is not valid or the reason for withdrawal, the parties may request to continue the trial.