The Construction Of The System Of Administrative Litigation Settlement

In the traditional "public power can not be punished "under the theory of, theprovision of the administrative litigation law":"the administrative litigationmediation is not suitable, with the new" administrative procedure law "promulgated,the provisions of the administrative compensation, administrative compensation,administrative discretion mediation, it should be said that this is a change of lawcompliance the real trend, but we should still see" principle of administrativelitigation law "that administrative litigation is still not applicable with mediation, andthis has become an obstacle to reconciliation not formally join method. The presentlegal system does not confirm to the administrative proceedings reconciliation, butboth in theory and practice of administrative litigation study and application in thepractice actually has not stopped, it also shows that the administrative proceedingsreconciliation has been recognized in the scholars, judges, citizen, namely theadministrative proceedings reconciliation has its good function to solve disputes inpractice, that is, it is to some extent make up for the relative person rights violationsis valuable. At the same time the reconciliation system in administrative litigationshould be said to be a product of the development of the existence of newadministrative management concept, which to some extent smooth communicationmechanism of dispute resolution between administrative organ and the relative person,and thus advocates is to solve the problem in a friendly atmosphere, so that theadministrative organ and the administrative relative person is the formation of benigninteraction, uphold the principle of dialogue, cooperation to resolve disputes can besolved in a greater extent.With the development of society, seek diversified dispute resolution mechanismhas become inevitable, but the administrative reconciliation characteristic due to its low cost, high efficiency, is a response to the establishment of multiple disputeresolution mechanism, many countries in the world of reconciliation in administrativelitigation has a very mature theoretical and practical basis, including Japan, Germanyand other countries have established the system of administrative litigation settlementof mature, in practice has also played a good effect. On the one hand, theadministrative proceedings reconciliation in establishing pluralistic dispute has apositive role to solve the mechanism, improve the efficiency of litigation, to make upfor the deficiency of the court referee, improve the administrative management mode,and promote social stability development, pay attention to the right relief function.The administrative proceedings reconciliation system on the other hand has itsrealistic foundation for establishing and legal basis, while fit with China’s traditionallegal concepts.In the above background, this paper uses comparative analysis research methods,literature reading method, empirical analysis method introduced the administrativeproceedings reconciliation with the basic theoretical knowledge, based on expoundingthe basic concept and the nature of the clear and detailed description of the necessityand feasibility of establishing the system of administrative litigation settlement,clearance to establish the foundation of theory and practice. Introduce territorialadministrative proceedings reconciliation system, through the reference of foreignadministrative proceeding reconciliation system to construct the reconciliation systemof administrative litigation in china. In the study of the system of administrativelitigation settlement construction in our country from the two aspects of proceduraland substantive requirements basic described.