Mediation System Of Administrative Litigation

On the background of building a socialistic harmonious society, the highest court asked the courts below it improve administrative litigation coordination mechanism and standardize administrative proceedings settlement in March2007after the fifth national administrative trial conference. A large number of courts of Shanghai, Jiangsu, Shandong and other provinces (municipalities) had set relevant rules in a active attitude. According to the trend of the supreme people’s court, to make the administrative proceedings mediation public is on the opposite direction with the current rules of administrative procedures law. Therefore it causes extensive concerns among scholars on administrative proceedings research. Then, theories and problems on administrative proceedings mediation had become hot topics in a very short time.As an important part of administrative litigation, some deficiencies are still in administrative litigation mediation system. Through perpetually work and research between theoretical and practical scholars, the system will be performed and perfect in order to play an important role on administrative adjudication and it also can legalize our country. On the above background, this paper attempts to apply the basic researching methods as the logical analysis, comparative analysis, case analysis and other methods to comb related theory of administrative litigation mediation and experience domestic and abroad. The focus of this paper is on the status and the existing problems of administrative litigation mediation system. Then, relevant suggestions will be put forward on administrative litigation mediation system of our nation with specific cases in our country and successful experience of other countries.This paper is of four parts. The first part is introduction, consists of the topic background and significance of this paper, studies of this topic inside and outside and research methods of this paper. The second part to the fourth part is the body parts of this paper. The second part is exploration of basic theory of administrative litigation. The third part reviewed the status of administrative proceedings mediation system from the legislative, theoretical and juridical review. And it mostly analyses the existing problems of laws, range of application, procedures and other aspects of our administrative proceedings mediation. The last part is of relevant reformed suggestions and measures on the research of the third part.