The Explorafion Of Adaptability Of Chia’s Administrative Proceedings Mediation System

The mediation system with Chinese traditional characteristics, which is usedquite frequently in our country’s civil and criminal private prosecution cases, plays animportant role in rapid settling disputes, saving the cost of litigation, improving theefficiency in handling a case and promoting social harmony. But in our administrativeproceedings, the use of mediation system to resolve administrative cases is forbidden,the reasons are: the executive branch as the defendant does not have real right ofdisposition, namely administrative rights are not dispositive; administrative lawsuit,taking legality examination as principles, doesn’t have the third way between legalityand illegality, so it is not necessary to mediate. Although public power is notdispositive, that this right can not be punished is not absolute, the balance of bothsides positions of administrative lawsuit, especially the free discretion ofadministrative subject establish the theory foundation for mediation in theadministrative lawsuit. The limit of free discretion decides that administrativemediation is not probably suit to all administrative lawsuits, this mediation onlyregard as the complement of judgement. Only when this kind of cases satisfy concreteconditions, it is suit to mediation. At present the diversity of the judicial disputesettlement mechanism has become an international trend, it is necessary thatmediation system has been introduced to administrative lawsuit, but we can onlyestablish limited administrative mediation system.