Study On The Mediation System In Administrative Compensation Litigation

2014 revised "administrative litigation law",expanding the scope of case,the "expropriation compensation" and "land expropriation compensation agreement" into the scope of accepting cases,from litigation law clear compensation disputes judicial relief channels.For a long time,the traditional administrative law theory,"public power can not be punished," the impact of the views of China's administrative proceedings prohibit the use of mediation to resolve disputes.However,with the change of modern administrative philosophy,in the process of "administrative cooperation","service administration" concept has been widely accepted,"negotiation" to resolve administrative disputes in practice more and more common.Administrative compensation disputes are usually linked to people's direct economic interests,involving a large number of personnel,the difficulty of handling the case,a small mistake easily lead to collective petitions.Constrained by the "administrative procedure law" in 1990,the court can not use mediation to resolve the dispute.Based on the practical needs,the Supreme People's court's advocate,around the court to carry out exploration of "coordination and reconciliation" mechanism,this "invisible mediation" lack of action on the basis of the law of administrative litigation directly leads to the high withdrawal rate,is not conducive to the protection of litigant rights.Based on the change of the concept of modern administrative law and the urgent need of judicial practice,the administrative procedure law of the people's Republic of China provides that the administrative compensation cases can be applied to the mediation system.Although there is a practical need for mediation in administrative compensation litigation,but the current situation of judicial practice,the number of administrative compensation in the form of mediation book is very small.The reason,on the one hand,the administrative organ has the natural superiority in the information and the resources,the administrative relative person is easy to form the non-voluntary mediation agreement under the administrative organ oppression.On the other hand,thedisadvantaged relative people of the administration of the neutrality of judicial mediation in the process of questioning,and that the administrative organ is more "close",do not rule out the judges and administrative organs in collusion,"mediation" damage to their legitimate rights and interests.Therefore,the use of mediation in the administrative compensation litigation to resolve disputes not only need to consider the principle of voluntariness,legality,but also need to consider the mode of mediation,mediation procedures,as well as the remedy for the defects of mediation.By improving the relevant rules of the mediation system,ensure that the parties in a more equal environment to solve the compensation dispute.