A Theory Of Settlement Of Administrative Litigation

Administrative trial settlement is one of the emerging way to solve the administrative disputes by the judicial body.It is introduced the mechanism of reconciliation in administrative trial settlement. Administrative trial settlement means both parties consult equally and play a fair game at the minimum supervision of a court of justice. When they are not inconsistent with the mandatory legal norms,the two parties make an agreement in the relationship of legal rights and obligations which are changed and rearranged.In this paper the author intends to select several key aspects of the program of administrative proceedings of reconciliation to analyze legal issues by the means of the basic theoretical paradigms.This paper is divided into four parts.The first part is clarified the basic theory of administrative legislative settlement of reconciliation.The second part is analyzed the legal property of the agreement of the legislative settlement at the perspective of contract theory, proposed the legal elements of administrative legislative settlement, and discussed the main limitations of subjects by proposing and withdrawing an agreement.The third part, at a perspective of the discretion of administrative power, is discussed the patterns of the public rights in the negotiations of an administrative lawsuit, proposed the court guides the settlements and set up a flexible mechanism to negotiate.The fourth part is analyzed the legal nature of negotiating results at the angle of res judicata, reviewed the reasons why it is lacked of the theory and system of res judicata in China.It is proposed to introduce the theory of res judicata,and build a system of administrative legislative settlement at the minimum term of judicial review.It is also discussed how to publicizes the thoughts of strengthening the guarantee and stability of procedures for the entire society,and how to constitute a better mechanism on legal education,judicial examination,and further training for professional staff.All the above is able to establish the credibility of res judicata of the settlement results.