Reflections On The Construction Of China's Administrative Litigation Mediation

In the context of building a harmonious socialism,Scholars further study the mediation system of administrative litigation.China's administrative litigation mediation system has gone through the process of the inability to apply mediation,the settlement of litigation and the establishment of limited mediation.From "administrative case not applying mediation" to "Administrative Procedure Law" published in 2014 which clearly stipulates the specific types of cases to apply mediation.Although the legal provisions that the administrative litigation can be applied to mediation,the scope of its application has yet to be further widened.From this view,this paper is to launched a more indepth discussion of the administrative litigation mediation system.The paper is divided into three parts which are discussed in detail:The first part will mainly describe the stage of Administration litigation not applying the mediation.The 50 th article of the Administrative Procedure Law promulgated in 1989 clearly stipulates that "the people's court shall not apply mediation in administrative cases." The theoretical basis that Administration litigation mediation is not suitable includes: public interest cannot be transferred,the public rights cannot be disciplinary,the unequal relationship of administrative and legal,and administrative proceedings only for the legitimacy review.And then discuss the reasons for administrative litigation in judicial practice.In the second part,we discuss the real dilemma of administrative litigation.And then discusses the 60 th article of the administrative procedure law amended in 2014,the content includes that "the people's court hearing administrative cases,does not apply mediation." However,administrative compensation,compensation and administrative organs to exercise the laws and regulations of the discretion of the case Mediation should follow the principle of voluntary and legitimate,and shall not harm the interests of the state,the social public interests and the legitimate rights and interests of others."The scope of the mediation applicable to administrative litigation and the principle of mediation and the establishment of limited mediation are specified.And the "limited" understanding.The third part is mainly about the prospect of administrative litigation mediation system,and put forward the idea of expanding the scope of administrative litigation mediation,such as administrative agreement,and the choice of litigation mediation in the separation of trial and trial.