Reconciliation System In Administrative Litigation

Ever since Administrative Procedure Law was enforced,the debate over the status of mediation in administrative lawsuit never stopped.The major views,which deny the effects of mediation,are not well serving the reality.In practice,quite a few administrative lawsuits end with imparlance,which conseals the fact that the imparlance equals mediation. Since there are no unified regulations,it’s possible that mediation was used in fraud of law and violating the interests of counterparts.In order to better regulate administrative lawsuits and protect the interests of counterparts,it’s necessary for China to introduce Administrative Mediation System.This paper put forward the building context of China’s mediation system for administravie lawsuits.This paper was divided into three parts except introduction and conclusion:The first part is about the theories of administrative law.In this part,we firstly introduce the concept of mediation system by defining different mediation systems,in order to better understand its meaning.After that,we discuss the nature and value of reconciliation system in administrative lawsuits. Since there is still no clear definition of administrative mediation system in China’s scholar circle,we will explore the necessity of its existence.The second part is about the litigation and practice of the administrative mediation system.Through the research of the litigation practice of other countries,such as Taiwan’s reconciliation system,the specialist system of France and the ADR system of America,we analyze the differences and common grounds between these systems.Then we consider some Chinese characteristics.The third part is about the building of China’s administrative mediation system.In this part,we put forward some possible assumptions.Firstly,we should limit the application of mediation in administrative lawsuits,especially when some activities are already defined in certain administrative laws.Secondly,we put forward the whole blueprint for the reconciliation law,including the timetable and the procedure.Thirdly,no system or institution is perfect.Thus we discuss the precaution and supervision system for the administrative mediation system.Guided by the notion of equality,freedom and self-administration,the Administrative Mediation System features relatively low cost and high efficiency.In order to serve the actual need of administrative lawsuits,it’s suggested that we introduce the system into the regulation of law.