The Exploration Of Administrative Litigation Coordinating Mechanism

After more than twenty years'developments, the administrative proceeding has played an indelible important role in the protection of citizens, legal persons and other organizations' rights, maintenance and supervision in the exercise of executive power. But with the social transformation and various reform measures in China, the administrative litigation exposes more and more problems in operation, the biggest problems are administrative disputes are difficult to be solved substantially, the shortage of administrative litigation's credibility, the whole operation mechanism is poor. In order to achieve the administrative litigation's tenet, confronted with the existence of a large number of coordination practice in administrative trial, when we reconstruct our country's administrative proceedings, coordinated mechanism should be added into it, thereby eliminating the adverse impact because of system vacancy. In this paper, the argument of administrative litigation coordinating mechanism mainly contains the following aspects.The first part summarizes the coordination mechanism of administrative litigation. We first define the coordination mechanism, then we think it has the following characteristics:it is a trial mechanism, not a general lawsuit system; the coordination mechanism is closely linked to withdraw system; the coordination of administrative litigation procedure has flexibility and diversity; the participants of it is extensive. Thereafter we compare administrative litigation coordination mechanism with ADR, plea bargaining, civil mediation, and mediation of administrative actions for compensation.The second part studies the theoretical basis and basis in reality of administrative litigation coordination mechanism. Its theoretical basis contains "move" judicial philosophy, concept of law enforcement like water, and the nature of administrative litigation's support to administrative lawsuit coordination. The basis in reality of administrative lawsuit coordination includes extraordinary administrative contradiction, and the limitation of the existing form of trial, the construction of the service-type government, widespread practice of administrative discretion behavior, and the remarkable effect of administrative litigation coordination.The third part analyzes administrative litigation coordination's practical form, and the existing problems. First, we briefly introduce the administrative litigation coordination practice in France, German, Japan, and Australia, and then refer to it in Taiwan and mainland area of China. In the light of administrative litigation coordination practice in China, we summary the following problems of it:the absence of legislation, many variations of administrative litigation coordination, and the procedural provision is not rigorous.The fourth part concentrates on the construction of the administrative litigation coordination mechanism. First of all, we should amend the relevant provisions of< administrative procedure law>, and put administrative litigation coordination mechanism into the legal system. And coordination of administrative litigation shall follow these principles: limited coordination principle, appropriate coordination principle, the principle of legality, the principle of voluntarily. The specific rules of administrative litigation coordination mechanism should be perfected from the following aspects:the participants, scope, starting program, developing procedures, settlement and relieves of administrative litigation coordination mechanism.