The Theory Of Administrative Compensation Lawsuit Mediation System

The sixtieth article of the law makes clear that the compensation cases of administrative litigation mediation system(hereinafter referred to as administrative compensation mediation system) has been written into the Administrative Procedure Law, This provision, seeing from the administrative procedure legislation, is the first to ensure that limited cases about contentious administrative appeal can be tackled by mediation in administrative proceeding. This system is helpful healthily develop administrative proceedings meditation system, to control political power according to law and to realize the equal and overall manage of state affairs. Administrative Procedure Law has ensured the related meditation system for compensation; however, the reification of this system still need detailing.This paper focuses on administrative compensation and its dispute. By expounding on the legal principle of draw the meditation into related cases and comparing the system of major countries such as Japan, France and Germany, etc. we had a comment on the revelation about foreign countries' system and the experience we can learn. Meanwhile, we analyzed our present situation of the system and problems ahead and centering on the existent legislation and the implementation of it, we put forward some concrete assumptions and measures of our administrative compensation system.Except from the introduction and epilogue, the paper is divided into five parts:The first part is about the executive compensation and the overview of its dispute, executive compensation meaning, nature, characteristics and the meaning, nature, characteristics, administrative compensation dispute settlement mechanism of its dispute.The second part is about the legal analysis of drawing the meditation into litigation of administrative compensation dispute, the justice, efficiency and feasibility of executive compensation as meditation, the abidance, agreement, equality, balance and suitability of its dispute.The third part if about the inspection of the system in other major countries such as Japan, France, Germany, etc. and some experience.The fourth part, we pointed out the present situation and problems of the system. By comparing and concluding the related laws and provisions of our country, we indicated some reasons of these problems.The fifth part is about demonstration oriented with procedure problems and the imagination of building our concrete system of administrative compensation.