On The System Of Limited Mediation System In Administrative Proceedings

At present,with the rising tide of social democracy and rule of law and the awakening of citizens' rights consciousness,the choice of using legal weapons to defend their rights and interests has become the consensus of the public.However,the number of various litigation cases,including administrative litigation cases,has risen sharply.However,different from civil cases,the dispute settlement methods of administrative litigation cases are relatively single.In the case of the old administrative procedure law fiftieth,"people's court tries administrative cases,mediation is not applicable" as an example,it clearly excludes the "mediation" dispute resolution method.But in the judicial practice,administrative litigation mediation as an efficient way to resolve disputes has already exceeded the legal limit,and the form of "reconciliation and reconciliation" exists in the judicial practice of administrative litigation.Therefore,in the face of the deviation between the legislative provisions and judicial practice,the debate on whether the mediation system should be established in the administrative proceedings has been lasting for a long time.Since May 1,2015 the new revision of the administrative procedure law "provisions of administrative litigation mediation system is not used,but the administrative compensation and the administrative organ to exercise the laws and regulations of the discretion of the case,except to further the establishment of Chinese administrative litigation mediation system.It should be said that the new administrative procedure law has been implemented for more than 2 years,the administrative litigation mediation to ease the pressure of courts in resolving administrative disputes,and has played an important role,but in the administrative litigation mediation practice and legislative investigation shows that although the new administrative procedure law has the administrative litigation mediationscope to confirm the preliminary the establishment of Chinese administrative litigation mediation system is limited,but the administrative litigation mediation procedure combined with trial malpractice,mediation procedure legislation unknown problems,hindering the normal function of mediation.Based on this,this paper established a limited mediation system in the administrative litigation law,discusses the basic problems of administrative litigation mediation,multidimensional analysis of the status quo of China's limited administrative litigation mediation system and some problems,and the establishment of the court mediation system,full-time mediator structure from the establishment of specific procedures put forward suggestions for improvement,in order to effectively play the administrative litigation mediation system to resolve disputes in the limited and efficient judicial and maintain the legitimate rights and interests of the value function.