The Research Of Administrative Litigation Mediation System

Article50of ’Administrative Litigation Law of the People’s Republic of China’states that’A people’s court shall not apply conciliation in handling an administrative case’In China, it is an open secret that a large number of administrative cases have been handled with conciliation in disguised form. With the tacit approval or support from the people’s court, it is a clear fact that the parties of litigant are willing to settle their dispute by conciliation. Therefore, the prohibition of conciliation ceases to exist except in name. It is also against the Harmonious Society development. The conciliation should be accepted in certain cases with regulated rules rather than letting it becomes the tools to evade the law system. The agreed conciliation should have the same level of effect as court’s written orders, so that it can be used as legal basis in final judgment. As a result, conciliation system should be the "legal booster" in order to meet the historical demand to build the Harmonious Society.Even though there have been some studies on the conciliation system, generally speaking, these studies are scattered. In other words, these studies were not done by numbers or in a systematic way. The aim of this essay does not attach any extravagant hope to build a theory on conciliation system. However, by summarizing and defining current studies, discussing and analyzing issues of actual cases, the position of conciliation in the current law system can be set with innovative ideas of system design.This essay will use historical analysis, comparative analysis and empirical analysis methods to support arguments. The historical analysis method will be used to analyze the historical change and development of conciliation system with the aim to obtain the basic understanding of its content and domain expansion in the current law system. The comparative method will be demonstrated by Chinese and foreign scholars’statements on conciliation. Therefore, it is easily to identify the potential positioning of conciliation. By adopting empirical analysis method, the study of international real legal trials can be used to seek the suitable process of conciliation system in the administrative procedure.This essay is based on the information shared on the internet and study of relevant academic research. It is drawn on the theory and practice of administrative procedure to study on the following four aspects of the law:1.The conciliation system of China;2.The possibility and necessities of introducing the conciliation system into administrative procedure;3.The issues of the conciliation in administrative procedure and relevant system design;4.The actual procedure of conciliation under administrative procedure...