Study On The Extension Of The Scope Of Application Of Administrative Litigation Mediation In China

The academic circles have been debating whether the administrative litigation is applicable to mediation.But in China’s judicial practice,administrative li-tigatio n mediation has been in the "reconciliation","coordination" and so on many kinds of mediation has been widely used,and achieved good social effects,greatly reduci ng the cost of litigation,improve judicial efficiency,effectively resolve the contradiction between the two sides of the administrative litigation,the administrat ive litigation disputes are resolved timely and efficient.Based on the theory in the study of administrative litigation mediation system in academic circles,combined with the specific circumstances of the judicial practice in China,starting from the concept,characteristics,principles,properties,and expounds the importance of administrative litigation mediation,administrative mediation and the demonstration of necessity,at the same time to the present administrative litigation mediation the problems are analyzed,and then the analysis and Research on the practice of foreign countries in this regard,summing up the experience,and combined with China’s present situation,we need to complete the appropriate expansion of the scope of administrative litigation mediation research task at present,and points out several types of our country should expand the scope of administrative litigation mediation of the case.We found from the analysis,the new "administrative litigation law" for the administrative litigation mediation scope although there has been a new breakth rough,but the scope of the provisions is still relatively narrow,unable to meet to solve various administrative litigation disputes emerge in an endless stream,time is not conducive to solving the administrative dispute,not timely and effective protec tion the legitimate rights and interests of parties,protracted cases may even lead to new contradictions and conflicts.So I suggest to extend the administrative litigation mediation scope to the regulation of administrative guidance cases,Administrati ve Adjudication Cases of administrative expropriation cases,cases of administrativ e contract cases,the sum-mary procedure of administrative organ refuses to fulfill t he provisions of the case,the group dispute and the urgent need of the case,the sur vival of the people related to law and related policies inconsistent or legal provisions no clear case of seven types of cases.