Research On The Legal Issues Of Administrative Litigation Mediation System

The new "Administrative Litigation Law" established the administrative litigation mediation system,so that our administrative litigation is no longer confined to the trial and withdrawal of two kinds of closed way, and in practice, "Invisible mediation" which is the use of withdrawal as a means of closing officially entered the scope of legal regulation. The establishment of administrative litigation mediation system also led to the discussion and inquiry of the specific application of administrative litigation mediation. With the rise of civil rights awareness and the implementation of the registration system, in recent years, the administrative cases showing an increasing trend, the complex administrative disputes and the limited judicial resources makes the judiciary in the overload operation. The mediation system has the advantage of the function that is laying off disputes and resolving disputes over other systems. The establishment of the system is the embodiment of the development of administrative litigation system in our country, and the result of building a rule of law society and a harmonious society.The Administrative Litigation Law establishes the mediation system of administrative litigation for the first time, only the abstract and the principle of the law makes the system in the application of the law on the lack of legislation, the situation in the judicial practice prone to some problems. The simple continuation of the previous practice which is reference to civil litigation related system may ignore the particularity of administrative litigation for civil litigation, and is contrary to the intention of the legislator at the beginning of the establishment of the administrative litigation mediation system which The mediation system and The withdrawal system are not completely separated from the procedure, and is easy to confuse in practice. The existing administrative litigation mediation system lacks the specific rules and the supervisory mechanism, causes the system to be extremely abused and alienated in the applicable process, and can not fully respect the wishes of the parties and protect their legitimate rights and interests. The current administrative litigation system lacks the specific stipulation of litigation mediation, and it is necessary to perfect the administrative litigation mediation system.This paper first analyzes the connotation and related concepts of administrative litigation mediation so as to have a clear understanding and qualitative understanding of administrative litigation mediation, and then elaborates the development of administrative litigation mediation in China and discusses the value of administrative litigation mediation system. The paper then analyzes the current legislative defects and the problems that may arise in practice, and finally puts forward some opinions on the improvement of the relevant rules of the system. To perfect the administrative litigation mediation system, we must first fully understand the principle of legal voluntary and grasp its review criteria. The determination of administrative discretionary cases is the difficulty of administrative litigation cases. Second, the specific procedures should be set to clear that the mediation of the start time is in the administrative case after the administrative decision to the former and the court for the mediation application and mediation agreement review procedures and standards,and finally the relief process and the commencement of the retrial procedure after the mediation is reached, including the parties in the mediation before the entry into force.All of the above are the main contents of this paper.The establishment of the registration system makes the administrative litigation cases surge, in the face of more complex cases, the court is facing a major challenge. In the early days of the establishment of the administrative litigation mediation system, it is necessary to establish specific rules to regulate the mediation behavior. The court also faces new problems and challenges in the application. The system is still in the process of self-improvement and continuous error correction, still need to continue the accumulation of practice and the continuous improvement of the theory.