Study On Administrative Litigation Mediation System

The Litigation first administration litigation mediation system in our country is still in the dispute period.In the administrative procedure law in China has not the provisions of the relevant mediation system,but the administrative lawsuit mediation system has been widely used,get good legal effect and social effect.Not only the interests of the litigants to quickly solve,also save the judicial resources,Improve the efficiency of the court,But when apply conciliation system is also necessary laws and regulations,system,procedure,need to summarize and reflect.In this paper,starting from the theoretical basis of administrative lawsuit mediation system,combining with the judicial practice,according to the logical order of research,By the concept,characteristics,basic principles expounded on rationality and necessity of the existence of the administrative litigation mediation system,put forward China's current situation and existing problems of mediation in administrative litigation.Trigger social thinking.Again,the introduction of the successful experience of typical scope of administrative litigation mediation system and the characteristics of the mediation system from all over the world,summing up experience,For our use of administrative litigation mediation system in theory provide theoretical foundation,from the judicial practice of our country finally.Analysis of advantages and disadvantages,the existing system lead to administrative lawsuit reconciliation system research needs to be done after the mission and task,Suggestions of perfecting our country's administrative litigation mediation system,the specific countermeasures.This article mainly consists of five parts.Introduction,the summary of the administrative litigation mediation system,the status quo of the mediation of administrative litigation in our country and the existing problems,the discussion of foreign mediation system of administrative litigation,and finally the perfection of China's administrative litigation mediation system.In the first part,that is,the introductory part,as the beginning of the full text,this part mainly on the administrative litigation mediation system and the significance of the study,our country and abroad on the administrative litigation mediation system research,the basic structure of this article ideas and research methods and innovation.The second part is the summary of the administrative litigation mediation system,including the basic theory of mediation in administrative litigation,including the concept of administrative litigation mediation,the characteristics of administrative litigation mediation and the relationship between administrative litigation mediation and administrative litigation reconciliation,The basic principle that administrative litigation mediation needs to adhere to and the necessity of mediation system of administrative litigation.In the third part,the author introduces the present situation of China's administrative litigation mediation theoretical research and the current situation of judicial practice,and lists the four main problems of the administrative litigation mediation system.Thirdly,the administrative litigation mediation agreement has no definite effect,and the fourth,the administrative litigation mediation system is not perfect.In the fourth part of the article,the article introduces the relevant regulations of the mediation system of administrative litigation in other countries,mainly including the United States,Germany,Japan and France.In the following,the suggestions for the perfection of the administrative litigation mediation system in our country are also drawn from the relevant provisions of other countries,combined with the judicial practice of our country,to build a better and more adaptable theoretical system,and give The specific operational recommendations.The fifth part,is the core part of this article,in this part,combined with the third part of this article carried out by the administrative litigation mediation system related issues,while taking into account the other countries in the administrative litigation mediation system legislative provisions,The more perfect construction and the consummation our country administrative procedure mediation system plan and the train of thought.It is hoped that the research of this paper can help the relevant researchers and help the perfection of our administrative litigation mediation system.This article starts from the relevant legal provisions,through the legal interpretation of the existing lawsuit on the mediation system of administrative litigation research,so as to build China's administrative litigation mediation system,through a detailed and complete understanding of the legal provisions to find the establishment of administrative litigation mediation system feasibility.This paper gives a comparative analysis of the legal provisions of administrative litigation mediation system in some countries outside China and provides suggestions for the perfection of administrative litigation mediation system in China.The innovation of this paper is that firstly,we should apply the mediation system of administrative litigation in our country,and start with the basic conception of administrative litigation mediation and the nature of administrative litigation,combine the existing law and judicial practice and combine the extraterritorial administrative mediation system,,To define the scope of application of administrative litigation mediation,to clarify the application procedure of administrative litigation mediation and to clarify the effect of mediation agreement in administrative litigation,to perfect the remedial way of administrative litigation mediation,the plaintiffs legitimate rights and interests are reasonable after being infringed Legal means to seek protection.