Study On Limited Mediation System In Administrative Proceedings

As actively advancement of democracy and the rule of law, to enhance citizens’ rights consciousness, the disputes of officer and citizens also become more and more.Administrative proceeding as the last line of defense of solving administrative disputes,safeguard citizens’ lawful rights, its progress and results directly affect the relationship between the administrative subject and citizens, legal persons and other organizations, affect the social management level, national stability and development of social civilization. To introduce the process of mediation in administrative proceeding has been controversial in the academic circles and judicial practice,it whether fit legal theory, whether is advantageous to the handling of administrative. In our country, the administrative procedural law fit the court shall not apply to the administrative case mediation, but due to the concept of service administration, restorative justice, harmonious society are advocated, and foreign countries have instances of mediation in the administrative legislation and judicial practice, there are more and more mediation in the practice of administrative judicial of our country, and formed the high rate of withdrawing lawsuit in administration ease. Apply mediation in administrative justice of our country still has certain drawbacks, but its real value is also becoming more. The voice of denying the mediation system of administrative litigation is fade away. Advocating establish the a certain range, limited the mediation system become a mainstream. The new administrative procedure law has provided a legal basis of the limited mediation system in 2015. In this paper, by analyzing the theory support of the mediation system of administrative litigation and the judicial practice at home and abroad, explains build a limited mediation system in administrative litigation in our country has the value of promoting democracy and equality, administration according to law, saving social cost, improving the efficiency of dispute resolving, reducing anti-emotion, restoring social relations. Meanwhile the current system is relatively simple, the lack of actionable detailed rules,cause the practical difficulties that justice is not independent, low working efficiency, abnormal mediation, damage the rights of administrative relative person. Therefore, further detailing and improving our country’s limited mediation system in administrative litigation is imperative. From the basic principles, scope of application, the specific procedures and related supporting mechanism and so on, to build on limited mediation system in administrative litigation by law.Through the establishment and perfection of the limited mediation system in administrative litigation, play social functions of administrative management and promote the development of social harmony and stability.