Scope Of Mediation System In Administrative Procedure

As the economy and society develop rapidly,various social contradictions are becoming more and more complicated.It becomes difficult to reconcile the contradictions with Administrative Litigation Law of the People’s Republic of China(1989).In 2004,the law was amended.Article 50,the scope of mediation system,has been amended to ‘In the trial of an administrative case,a people’s court may not conduct mediation,unless the case involves administrative compensation or indemnity or involves an administrative agency’s exercise of discretionary power prescribed by any law or regulation.Mediation shall be conducted under the principle of free will and legality,without detriment to the national interest,public interest,or lawful rights and interests of others.’ The extension of the scope raises up the possibility to research the mediation system in administrative procedure and give advices to the legislator.In Part Ⅰ,Introduction,it compares article 50 of Administrative Litigation Law of the People’s Republic of China(1989)and article 60 of Administrative Litigation Law of the People’s Republic of China(2014 Amendment)to introduce the background of the origin of the mediation system.In Part Ⅱ,it analyses causes of the prohibition in Administrative Litigation Law of the People’s Republic of China(1989),discusses the history of mediation system in administrative procedure,and point out the exception in State Compensation Law and Expropriation and Compensation Regulations.In Part Ⅲ,it discusses the scope of mediation system in administrative procedure.The system is applicable to 3 cases per Administrative Litigation Law of the People’s Republic of China(2014 Amendment).It is obviously legitimate to be applicable to administrative compensation and indemnity cases,but controversial to cases ‘involve an administrative agency’s exercise of discretionary power prescribed by any law or regulation’.Discretion is essentially judicial explanation.So,the point of the argument is not the problem of legitimacy,but legality.Passover,idleness and abuse are 3 abnormal cases of discretion and are not applicable to the mediation system.We should take the teleological explanation of the scope of mediation system in administrative procedure to pursue the rule of law.In part Ⅳ,it provides the procedure of the mediation system.The precondition is the principle of free will and the border is legality.It does not set concrete programs in Administrative Litigation Law and should apply to the Civil Procedure Law of the People’s Republic of China and emphasize the free will of administrative counterpart.It analyzes the effect and remedy of the mediation system at last.In part Ⅴ,Concluding,it summarize the whole discussion and looks forward to the future of the Administrative Litigation Law.