Research On Expand The Scope Of Administrative Litigation Mediation

Mediation as a legal system occupies an unusual position in the litigation law andoften known as the “Oriental experience”. Mediation in the administrative litigationterritory is usually defined as a series of activities of the termination, include preside overby judge, counter the controversial content of the administrative proceedings, reach anagreement under the voluntary and equal background, and ultimately solve the dispute,.The application of mediation in administrative litigation is conducive to safeguard therights and interests of the plaintiff in administrative litigation, to strengthen the initiativeon the defendant in administrative litigation to perform administrative duties, andconducive to the court to resolve disputes in the trial of administrative cases by a flexiblemechanism, in order to create a harmonious litigation environment.In the China’s current administrative procedure law, the third paragraph of thesixty-seventh article sets apple mediation in the administrative compensation litigation;but the fiftieth article also provides for the people’s courts shall not apply mediation.With the development of administrative cooperation theory and administration serviceidea, the law which supports the administrative case except the administrativecompensation case does not apply mediation theory re consideration. It’s not difficult tofind that the current administrative procedure law is not only exist the internal logic errorbut also cannot adapt to the change of administrative concepts. In judicial practice, inorder to meet the provisions of the law, the phenomenon that to mediate as essence of thecase but to drop the case as surface is very common. So prohibit to use the mediationlegislative intent has not been implemented. Germany and France on the applicable scopeof mediation in administrative litigation theory is very detailed. It has a good reference tous. Thus, the present provisions on conciliation of administrative procedure law hasshown many drawbacks, our needed and mature administrative litigation theory andpractice show us to expand the scope of mediation.This paper will list the specific applicable scope in administrative litigation from thetheoretical analysis of the scope of administrative litigation mediation expanse and combine with the scope of mediation in administrative litigation of the latest judicialinterpretation. To hope expanding the scope of mediation in administrative litigation willhas positive role for the administrative procedure law amendment, perfect our country’sadministrative litigation system, achieve the purpose of administrative litigation moreeffectively and become a gold combinable point of the rule of law and the construction ofharmonious society.