The Study Of The Administrative Litigation Pretrial Mediation System In China

At present, our country is in the period of social transition, administrative disputes occur frequently, the conflict between the officials and people is intense, and disputes increasingly diversified characteristics, moreover after the implementation of filing registration system, administrative cases increased sharply, aggravated contradictions between the number of administrative case and the judge, rich diversity of administrative dispute solution is imminent. And at present, the diversified dispute solution mechanism reform is picking up, but as an important way of solving the administrative dispute mediation in administrative litigation in after years of exploration has still not established, but in the new revised <administrative procedural law>, the scope of mediation in administrative litigation is expanded, also demonstrated the feasibility of mediation in administrative litigation. Administrative litigation pretrial mediation as one of the mediation in administrative litigation, both is advantageous to the shunt cases, to achieve the optimal allocation of judicial resources and the purpose of litigation economy, and can realize case knot, realize the unity of the legal effect and social effect, considerable research significance, this article from six parts study the pre-trial mediation system in administrative litigation of our country.The sources of the introduction to explain the selected topic, and analysis the research status quo of pretrial mediation in administrative litigation, introduces the research idea and methods to illustrate the overall train of thought of thesis.The first part, first of all, depending on the start time will be divided into pre-trial mediation in administrative litigation mediation and trial, introduced for two kinds of mediation scholars point of view, and list the part of the trial court in the judicial practice of pretrial mediation in administrative litigation and the specific provisions, which leads to the essay topic pretrial mediation in administrative litigation, describe the concepts and specific features, and then analyzed the necessary to the pre-trial mediation in administrative litigation and the value, to demonstrate the necessity and superiority of pretrial mediation in administrative litigation.The second part, through the critique of administrative power not punishment theory, and given the enlightenment of the administrative organs have self-correction and ability, the highest value pursuit of the administrative litigation is to resolve administrative dispute and to participate in the administration and flexible administrative law development trends of echo, etc., puts forward the administrative litigation pretrial mediation theory support.The third part, defined the scope of mediation in administrative litigation pretrial.The fourth part, determine the pre-trial mediation in administrative litigation need to comply with principles. and from the start of the pretrial mediation procedure of administrative litigation, mediation subject, charge standard, the period of mediation, mediation effect, the cohesion of trial and mediation, defect and remedy of mediation and other aspects construct the specific procedures of pretrial mediation in administrative litigation, so as to design the operation of administrative litigation mediation system before trial, and construct the system of mediation before trial.