On The Expansion And Limitation Of Application Scope Of Administrative Litigation Mediation

The mediation system of administrative litigation is a hot issue in the field of administrative law.The scholars in China have focused on the overall construction of intermediation,but they seldom pay attention to the design problem of the scope of administrative litigation mediation.Since May 1,2015,the implementation of the "administrative litigation law" has expanded the application scope of administrative litigation mediation,administrative compensation,administrative recuperation and the cases of discretion in laws and regulations are included in the scope of mediation in administrative litigation,which is a breakthrough of the long-held principle of mediation in administrative litigation.Based on the system status and implementation status in application scope of administrative litigation mediation after the implementation of the new "administrative procedural law",this article analyzes the problems existing in practice and defines the limited scope of mediation in administrative litigation,then puts forward the path to perfect the application scope of administrative litigation mediation in China,which in order to provide reference for the future development of administrative litigation mediation institution.This article is divided into four parts including more than 16,000 words.The first part analyzes the connotation and nature of administrative litigation mediation and its scope of application by comparing the concepts of administrative litigation reconciliation,administrative mediation and the other related concepts,then expounds the controversy of the scope of mediation in administrative litigation in the theoretical circle.The second part defines the system present situation of the application scope of administrative litigation mediation through the conjoint analysis of the historical evolution and existing provisions,compares the development of the scope of mediation in civil litigation and by analyzing the related data andcases to study the implementation status of the scope of mediation in administrative litigation to put forward the problems in practice about weakening the supervisory function of judicial power to administrative power,indulging the administrative organ abuses of executive power and damaging the legitimate rights and interests of the administrative counterpart.The third part analyzes the restricted reasons of the application scope of administrative litigation mediation in China from the six points of view,the value of administrative litigation,the legal effect of administrative behavior,the specific contents of administrative litigation,prevent the abuse of executive power,protect the legitimate rights and interests of the administrative relative person and the perspective of the relevant foreign experience are included.The fourth part takes the nature of administrative discretion about randomicity,universality,flexibility and prone to abuse which determines it can not all be applied to mediation as the breakthrough point,expounds the legitimate and reasonable administrative behavior,applicable to the abrogation of judgement,actio confessoria and compulsory administrative measures should not be included in the scope of mediation,then puts forward the perfect suggestions of the application scope of administrative litigation mediation in China by proposing amendments or judicial interpretations.