Research On The System Of Reconciliation In Administrative Litigation

With the increasing perfection of administrative law, reconciliation in administrative litigation as an effective way of solving disputes and coordinating the contradictions between the government and people, can be put into the administrative litigation as a system, which exists the theoretical basis and practical value, even we can say it is a very important part of perfecting the administrative litigation in the theory and practice. While due to the lacking of reconciliation legislation in the administrative procedure law, there have been many phenomenon that named of withdrawing, in fact the reconciliation in the judicial practice. Therefore, whether the legislation or the practice are of the urgent need to establish the system of reconciliation in administrative litigation.This article is in such a context, bases on the existing results, examines related system of reconciliation in administrative litigation of foreign and Taiwan region of China, through the comprehensively useing methods of comparative analysis, empirical and logical analysis, from describing the related concepts of reconciliation in administrative litigation to start, then studying on the basis and practical significance and the present situation of China’s legislative and judicial issues of reconciliation in administrative litigation, at last basing on what have been illustrated, raising a preliminary assumption of constructing the system of reconciliation in administrative litigation.