The Discussion Of The Urgent Use Of Reconciliation In Administrative

The existing "Administrative Litigation Law of the People's Republic of China" defines the administrative litigation mediation as "administrative compensation,administrative remedy,and the discretionary power that enjoyed by the administrative organs according to law",so that we can see that it is still based on the non-mediation principle,and except the mediation.Therefore,the mediation system of administrative litigation in China is not perfect.But with the development of social transition,mediation will undoubtedly become an indispensable part in administrative litigation.Therefore,this paper hopes to analyze the mediation system of administrative litigation from theory and practice,interprets the basic concept and latest legislation of administrative litigation mediation,offers opinions and suggestions for the development of Chinese mediation system among the existing research results and existing problems both at home and abroad,and also proposes proposition for the system construction.Administrative litigation mediation is a major development for the administrative litigation theory in China,which has significant influence on constructing the administrative litigation in China.What's more,it is beneficial to enhancing the "equality in fact" of both parties in litigation,and also imposing deep influence on the proceedings.Meanwhile,the mediation system of administrative litigation has achieved great achievement in administrative law theory.First,it can deepen the theoretical study on the principle of not publishing public rights;then,it greatly influences the performance of administrative acts.For example,the traditional definition about the facto force,determination,binding force,and enforcement will make corresponding changes.At last,it shall impose substantial impact on the mandatory and unilateralism of administrative acts,and the possibility of mediation in litigation shall greatly increase administrative organs' respect for the opinion of the other party when making administrative acts.On the other hand,the mediation system of administrative litigation has brought many conveniences in practice.However,the non-mediation shall waste judicial resources,and increase the difficulty of judgment,making the withdrawal rate of administrative litigation stay in a high level.On the contrary,under the circumstances of mediation,it can improve the trial efficiency,save litigation resources,help realize the justice in administrative adjudication,enhance social effect,and strengthen the solidarity among people.The main contents of specific studies are as follows:Part one:the definition of the concept of administrative litigation mediation.First,it introduces the differences with administrative mediation in terms of the concept and features.Part two:the disadvantages and dilemma of administrative litigation mediation.It focuses on analyzing the existing problems and practical difficulties of the mediation in current administrative litigation cases.Part three:it analyzes the disadvantages of administrative litigation non-mediation from the perspectives that it is not good for solving disputes,restricting the subjective initiatives of judges,or leading to more non-voluntary withdrawals.Therefore,it can lay solid foundation for further discussion.Part four:it raises query about the administrative litigation non-mediation theory from the following aspects:administrative litigation right is not dispositive,both parties cannot enjoy equal positions.In this way,it can lay further foundation for this paper.Part five:it justifies the administrative litigation mediation from theoretical basis,legislative authority,and necessity.Part six:based on the previous discussion,it conceives the paths of administrative litigation mediation,proposes applicable principles,expands the scope of administrative cases suitable for mediation,divides the non-mediation cases,and also raises some matters that this system should pay attention to.