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

The current administrative procedure law in our Country clearly stipulates that mediation can be applied only in the procedure of administrative compensation, although in a lot of process of administrative litigation practice, a large of defendants withdraw their claims due to the reason of courts mediation. Because of lacking corresponding regulations, mediations have a lot of defaults, such as damaging the judicial authority, injuring the public interests. This situation is increasingly caused by theorists and practitioners of the controversy and discussion.From the relativity of the principle that the public authority can not sanction, the concept of administrative democratization, the theory of interests balance to analyze the theoretical basis for building the Administrative Litigation Mediation. Thus applicable mediation has no theoretical barriers in the administrative proceedings. In practical experience, the practice of extra-territorial administrative litigation mediationor reconciliation provides a successful example for the establishment of the Administrative Litigation Mediation System. Reconsideration mediation system and the coordination of reconciliation in our administrative trial practice should also serve as valuable experience to build the system of administrative litigation mediation. The court contributed to the mediation between the parties is not unprincipled, the voluntary principle, the principle of legality, the principle of limited mediation must adhere to the basic principles of administrative litigation mediation system. Largely administrative Mediation applicable cases include administrative contract dispute, administrative guidance disputes, administrative rulings and disputes, executive compensation, the executive compensation disputes, and administrative organ fails to perform the statutory duties of disputes arising. From the administrative proceedings for mediation, conciliation stage and the time limit for the mode of mediation, several aspects of the supervision mechanism of the mediation on Administrative Litigation Mediation specific program design.At the aim of saving judicial sources and solving the disputes between executor of administrative powers and citizens, we should study in-depth on how to build the administrative litigation mediation system and amend the Administrative Procedure Law as soon as possible.