On Constructing China’s Mediation System Of Administrative Litigation

Comrade Hu Jin-tao, at the Fourth Plenary Session of the sixteenth central committee, put forward the theory of harmonious socialist society; Comrade Luo Gan also brought forward standards for measuring the administrative trial to maintain and promote social harmony, requiring us to coordinate in the administrative trial in meditative, conciliatory, fast and efficient way to resolve disputes, to promote judicial harmony. However, taking into account the inseparability of administrative power, the expense of lawsuit mediation on public interests, China’s administrative litigation mediation system is difficult to formulate and implement. In judicial practice, to avoid law, courts have to work as mediators to achieve the withdrawal of the suit by the plaintiff, which is widely respected in some places. But this "coordination" has no legal basis, with difficulty in maintaining the legitimate rights and interests of the people. Therefore, it is necessary to explore a limited mediation system to establish administrative proceedings, not only conducive to quickly and efficiently resolve administrative disputes, but also save judicial resources, reduce the tiredness of the parties concerned. This article from the concept of mediation of administrative litigation into the deeper theme, By description the mediation of administrative litigation on the nature and characteristics, Analyze the administrative litigation mediation’present situation in china and the lawsuit mediation system is hard to publicized’s reason.From the mediation system in our country, the purpose of the trial practice, administrative litigation cost, build service type government and construction of harmonious society and so on, analysis to establishment the mediation system of administrative litigation necessity; through the introduction of foreign administrative mediation system and the past years’s accumulation experience, discussed our country to build the feasibility of administrative mediation system; based on the mediation system of administrative litigation necessity and feasibility’s thinking and analysis, this article from the mediation of administrative litigation principles, the scope of accepting cases, mediation procedure the validity of the conciliation agreement aspects etc. Put forward the construction of administrative lawsuit mediation system of the basic idea.