Research On The Dispute Mediation Mechanism Of Administrative Agreement In Administrative Litigation

With the transformation of government functions and the continuous advancement of government information,the problems encountered in administrative management are complex and changeable.Administrative agencies have gradually shifted from passively maintaining social order to actively providing benefits,and the way government manages society has also changed.The use of a variety of regulatory means to manage the model of individual management and government-to-people co-management is particularly evident in certain areas where specialization is strong,and the main form of public participation in social management is embodied in administrative agreements.The "Administrative Procedure Law of the People's Republic of China"(hereinafter referred to as the "Administrative Procedure Law")that came into force on May1 st,2015 places the administrative agreement as the scope of the case for administrative litigation,resulting in an increase in litigation disputes in administrative agreements.However,the solution to the administrative agreement lawsuit is very simple,and the referee may not be the best solution.Therefore,various methods and methods for resolving disputes should be introduced in administrative agreement lawsuit disputes.The mediation methods often used are best choice.The first part of the article is the status quo of the judicial review of administrative agreements in administrative litigation.It mainly elaborates on the status quo of legislation,the problems existing in the current dispute resolution methods,and the possibility and inevitability of the application of judicial agreements in administrative agreements.The second part is the principle that the administrative agreement should follow in the process of judicial mediation and the scope of the mediation.The principle of applying the mediation in the administrative agreement mainly includes the principle of public interest and the principle of safeguarding the legitimate rights and interests of the administrative counterpart.The scope of mediation is mainly the liability for breach of contract.The third part is about the specific system design of administrative agreement applying judicial mediation.It mainly elaborates from the administrative agreement mediation can refer to the civil mediation system and the system with its own characteristics.This article is mainly aimed at the current solution to litigation disputes in administrative agreements,and proposes new solutions and institutional design.