Administrative Litigation Conciliation Form Analysis

Administrative Procedure Law of The People’s Republic of China is based on the fact that public power can not be sanctioned, establishing the model that can not be appropriately conciliated by administrative proceedings. The 18th session of the twelfth session of the standing committee of the National People’s Congress approves the decision of changing the Administrative Procedural Law. It adds administrative legal conciliation, including administration compensates, administrative recu-peration and conciliation of discretion cases which are specified by laws and regulations exercised by administrative organ. Since there are no disguised conciliation before, and there are no corresponding explana-tion in this change of law and also there are individual details which are not referred to, this thesis is aimed at distinguishing the previous to explore how to settle a lawsuit, and in which form to settle it, embodying the value of conciliation and making full use of the function of conciliation.This paper is divided into five chapters.The first chapter introduces the legislation of administrative legal conciliation and expounds the purpose and significance of the paper as well as research direction and method, which points out that administrative conciliation has the meaning of the existence.The second chapter presents three typical cases in Yanbian area. Different cases determines different forms of the settlement.Combined with the different of the form of case analysis of administrative conciliation, the third chapter analyzes the settlement situations of different cases in order to draw forth the problems in the juridical practice. Because of these existing problems, administrative conciliation are still in bad need to improve itself.For the problems of the juridical practice, the forth chapter puts forward the improvement strategies of administrative conciliation. The concrete measures include regulating administrative conciliation mediation and withdrawal adjudication. Besides, administrative disputes should ended the administrative mediation in the form of verdict. Court should also pay attention to the examination and supervision of the mediation in order to establish a perfect supervision mechanism and relief procedures.The last chapter summarize the whole paper.