On China's Construction Of The Limit Regulation System In Administration Litigtion

With the transformation from "Yejing State" to "welfare state", and "power administration" to"services administration", the administrative action will be gradually weaken. In involving the administrative management, administrative subject should increasingly focus on the friendly consultation with its administrative counterpart. Meanwhile, at present China's legislation has already excluded the administrative litigation regulation characterized with the consultation based on the equality, only stipulates some rules concerned about the exception applied to administrative compensation. A serious gap between theory and practice makes the practical operation of the various negative effects. Therefore, introduce the theory of administrative litigation regulation system and judicial practice as an important issue for industry. Regulation system in administrative proceedings, fits build a harmonious society and Service Administration, and ADR mechanisms are labeled with the same position, which could avoid the negative effects in practice. At this stage, the system is feasible not in legal theory but in judicial practice. Administrative Regulation System must be controlled within its limit regulation as its first principles, clearly defining the scope of mediation, conciliation procedures. In addition, the construction of this system must also comply with the legal principle of voluntary, moreover, the contents of the agreement can not breach the provisions of the law enforcement, not only social but public interests, even the legitimate rights and interests of other third party. In addition, adherence to the final confirmation by the court is the important safeguard applied to regulation system.