| China in law prohibiting the use of mediation in administrative cases,but in reality, it exists in various forms in the mediation in administrativelitigation. Mediation, has long existed in our social life, has a profound socialfoundation, is considered to be a very good solution to disputes.Administrative litigation law at the beginning of, our country is not theintroduction of mediation to administrative litigation, but with the continuousdevelopment of society, people’s legal consciousness gradually improved,"public officials" growing phenomenon, will mediate such a flexible way toresolve disputes by applying to the administrative litigation has become anecessary.This paper adopts the method of comparative analysis, literatureresearch, logical analysis, quantitative research method and the method ofvalue analysis in the administrative proceedings mediation of this research:first, introduced the meaning of mediation, nature and features, from themeaning proceed with from mediation, mediation in the administrativelitigation concept, and with other related concept comparison. Secondly, to the domestic and foreign research situation analysis, find out the mediation ofadministrative litigation in China problems, draw lessons from othercountries and regions of the advanced experience, to better establish our thissystem. Then, for our country to establish the mediation system ’s feasibilityand necessity to carry on the analysis, to firmly establish this system of belief.Finally, from the whole to China’s construction of the system to put forwardown proposal, including the scope of application, program design, basicprinciple, legal effect and the legal relief.Our country will be applied to the administrative litigation mediationsystem, is the process from scratch, need to consider various factors, eventhough its introduction should also continue to find its shortcomings, find outthe insufficient place and correct, so in practice constantly on the systemreform and perfection. |
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