Research On The Construction Of China’s Administrative Litigation Mediation

Although Article50of the Administrative Procedure Law of China stipulates,"The People’s Court administrative cases, NA mediation." In administrative proceedings justice practice,"mediation" is being quietly evade, stealth or the dissimilatory mediation uncommoneven become part of handling the case to judge the main way of administrative cases, objectively caused by the the administrative litigation withdrawal rate of long-term high, affecting the credibility of the Chief of the judicial, and also result in case something happens to not situation appeared. A wide gap between theory and practice in the legal system in order to balance the administrative proceedings, the establishment of a wide range of administrative dispute resolution mechanism, it is necessary to establish a mediation system in the administrative proceedings, administrative litigation mediation justifiably so, not only can make better specification due to the failure of the legal issues arising from illegal mediation, mediation, and truly done finalized only points.The beginning of the creation of the "Administrative Procedure Law" reason for the Administrative Litigation Mediation be expressly prohibited, the main reason is that the traditional theory of administrative law that the public authority has not dispositive, sparking the academia, the legal status of the administrative authority of non-punishment, as well as the parties do notequality lot of thinking. However, with the changes in the administrative legal system modernization gradually expand and administrative law enforcement mode, the introduction and establishment of the Administrative Litigation Mediation with realistic environmental conditions. The mediation of this "the Oriental experience" inherent in the concept of harmony and its flexible role play in easing social conflicts also the possibility of the establishment of the mediation system. This article is by comparative analysis of the extraterritorial Administration Litigation Mediation Mediation System of Administrative Litigation build a nuimber of recommendations. Mediation System in Our Civil Court Mediation System in China but there are some drawbacks, should the indiscriminate use of administrative proceedings is bound to affect the fairness and efficiency of administrative litigation mediation. The ultimate goal is the creation of the legal system case of knot things, and therefore it is necessary to establish the design of the specific procedures of the Administrative Litigation Mediation willing parties in principle, limited mediation principle basic principles to regulate them and to guide the whole process of mediation, prompting mediation from the fundamental solution to the dispute between the parties, to avoid the negative impact of compulsory mediation. Mediation, termination of conciliation proceedings under the guidance of the basic principles of administrative litigation mediation and the mediation stage, the main related to the success or failure of a number of factors to consider and seek the best program design. In this paper, the design of the specific procedures of the mediation system while also raised the way to seek judicial relief for invalid mediation agreement can be revoked, the mediation agreement and how to eliminate the root causes of illegal mediation program.