Established On Our Country's Administrative Litigation Settlement System

Three decades of the rule of law in China has made great achievements,including the promulgation of the Administrative procedure Law and theestablishment of administrative litigation system is an indelible contribution to play.However, with the passage of time and changing judicial practice, administrativeproceedings are also faced with the reality of the confusion of many, in the "publicauthority can not be punished" under the guidance of the theory, the traditionaladministrative proceedings of a closed system only sentences. Decision is a rigid,cumbersome procedures for dispute settlement system, the need for the originaldefendant in the court in direct confrontation,both the time and effort involved is notconducive to the timely processing of disputes, but also easy to breed so thatantagonism between the parties to form new kinds of contradictions. From this and theview, the author thinks that in the administrative lawsuit dispute resolution mechanismoneness, has obviously not adapt to the development of modern administrativelitigation needs. Administrative litigation settlement as a desirable type to solvedispute, coordinate the contradiction of official and dispute settlement mechanism, inconstructing the harmonious social policy ideas under the background of its necessityand feasibility in accordance with the time significance. Based on this, the paper fromadministrative litigation settlement system such as defining the basic theory, thesystem and the scope of the applicable conditions of administrative litigation to deeplyanalyze reconciliation system in China's current law environment set up under thenecessity and feasibility, finally meticulous arguments administrative lawsuitsettlement system construction need to stick to the principles, follow procedures andimplementation process limit, the author of this system and put forward the idea of theestablishment.