The Theory Of The Construction Of Administrative Lawsuit Reconciliation System Of Our Country

Traditional administrative law considers that public power has bonding force and confirming force, etc. Furthermore, the administrative litigation law specific stipulates that it doesn’t apply in reconciliation. All these lead to the lack of mediation system and reconciliation system in the administrative litigation theory. Yet in the actual trials, most of the cases are ended in reconciliation under the courts’acquiescence or through the courts’active impulse. This illuminates that this dissimilated mode of reconciliation abounds in the actual trials. In the countries and areas where the law system is comparatively developed, administrative litigation reconciliation system has gained successful attempts. Based on the experiences of foreign countries and Taiwan area, the thesis fearlessly puts forward the notion of establishing reconciliation system.The author discusses the structure of the Administrative Litigation System with the length of about30,000words. The general framework of this thesis is as following:The existence of everything and system has its own value; there is no existence necessity for systems of no value, let alone to be the topic of academic discussion. Starting with the research on reconciliation system of administrative litigation, the first part of this thesis briefly introduces the basic theories of reconciliation system of administrative litigation at first and then the values of its six parts. The second part mainly introduces the successful experiences of reconciliation system abroad and in Taiwan of China, mainly including the reconciliation practices in Germany, Japan, France and Taiwan. Their successful practices on reconciliation system of administrative litigation provide favorable references for the reconciliation system of our country. As the main body of the thesis, the third part includes the innovative points and difficult points. It gives a reference to the constructive plan of the conciliation system of the administrative system of our country. It firstly introduces the realistic feasibility for China to construct conciliation system of administrative litigation, and then the detailed constructive plans. For the constructive plan, the author expands the discussion from several aspects as follows:the status of conciliation system in administrative litigation, the principles of conciliation, its sphere of administration, its procedures, its effects, as well as the remedv for deficient conciliation.