The Reseach Of The Mediation System Of Administrative Litigation

According to the article50th which is in the “Administrative Procedure LAW” of thePeople’s Republic of China, People’s Court can’t apply mediation when they judgedadministration cases.It means that the legislator take a negative attitude to the Mediation whichsystem would be used in adminitrative procedure.However,it didn’t have impression. In practice,many administrative cases was settled by mediation.Altough the Mediation could be settledadministrative cases quickly with the good charateristic of high efficiency,low cost,flexbility.Butbecause it lack of legal restraint,so it would harmed the intrersts of parties.Therefore, the voiceagree with established the mediation of administrative procedure is loud and loudly which is fromthe practitioner and the theorists.should we established the mediation of administrative?Sure! Thispaper according to the practice of chinese administrative procedure,follow the basic idea of thelawsuit mediation,draw lessons from foreign and Taiwan’s experience,reference to the results ofexisting research,prove the feasibility of estabished the lawsuit mediation on the administrativeprocedure in China.Then, put the countermeasure of legislation of established the lawsuitmediation on the administrative procedure.Like the principle, scope, reliefed way,effect on themediation of administrative produre.This paper have three parts:the exordium,the main text,the conclusion.The main contents ofdifferent parts is like this:In the exordium:the backgroud of reseach,the methods of reseach,the purpose of reseach andthe achivement of the mediate system of administrative proceedings was be introduced.The first chapter: the summary about the mediate system of administrative.In this chapter, theconcept,nature,and legal principle basis of the mediate system of administrative proceedings wasbe elaborate.The second chapter:the study on the closing condition of administrative cases at the People’scourt of Yongding District.Through the quantization analsisy to the phenomenon of mediationwhich was often used for handing administrative cases, which is turn raises the author’s viewpointwhich is agree with develop the mediation system in administrative priceedings.The third chapter: The rational ponder on establishing mediation system of administrativelitigation.Through present the mediation system of administrative litigation in forgein and Taiwan district, analyze of feasibility of mediation system of administrative litigation.the articleconcludes that the mediation system of adminstrative litigation could be established in China.The fourth chapter:The legislative countermeasure of mediation system of administrativelitigation in China.The legislative countermeasure include the range,the principle, effectivenessand the relief channel.In the concluding, the writer reiterate the standpoint of establishing mediation system ofadministrative litigation again.