The Construction Of The Administrative Litigation Pretrial Mediation System In China

China is currently in a period of social transformation,and the country's economic system,social structure and social interests have undergone profound changes in the reform.The period of social transformation is also a period of contradictions.The gradual development and improvement of the state's various systems during the period of social transformation and the complex interweaving of the interests of all sectors of society inevitably harm the legitimate rights and interests of citizens.With the continuous improvement of the awareness of civil rights and the rule of law,this has led to an increasing conflict between the government and citizens.Driven by various factors,the number of administrative litigation cases has shown a blowout situation in China in recent years.People's courts and administrative organs are facing serious challenges of increasing and diversifying administrative disputes.In order to cope with such a difficult situation,the call for establishing a diversified administrative dispute resolution mechanism is getting higher and higher.As part of the diversified administrative dispute resolution mechanism,pre-trial mediation in administrative litigation provides administrative counterparts with more choices for administrative relief.This paper focuses on the construction of pre-trial mediation system in China's administrative litigation.The pre-trial mediation of administrative litigation is different from the administrative litigation mediation in the general sense.Pre-trial mediation has obvious temporal characteristics.Pre-trial mediation initiates the mediation process before the administrative lawsuit enters the formal trial,and moves the time for mediation to work,trying to resolve the administrative dispute before the trial.In addition,the pre-trial mediation of administrative litigation is characterized by convenience and economy,equality,non-confrontation,enforcement and finality.The characteristics of pre-trial mediation determine that pre-trial mediation has the advantages of cost-effectiveness in litigation,meeting the diversity of relatives' demands,and increasing the success rate of dispute resolution.Pre-trial mediation as an alternative administrative dispute resolution mechanism,in addition to the above advantages,there are also problems that may hinder the parties from exercising their lawsuit rights and the application procedures have no uniform operation norms.It is proved that the pre-trial mediation of administrative litigation is realistic and rational through the necessity of timely settlement of disputes in administrative litigation,saving litigation costs and judicial resources,and providing diversified relief options.In addition,the development and innovation of the "new administrative law" concept provides theoretical support for the construction of the pre-trial mediation system;the pre-trial settlement in the practice of administrative litigation provides rich practical experience for the establishment of the pre-trial mediation system;other countries The mature legislation and experience of the region can be used for reference and reference.The traditional legal thought of Confucian “no litigation” provides the traditional legal and cultural foundation for the construction of the pretrial mediation system.From the above four perspectives,it shows that the pre-trial mediation system of administrative litigation not only has realistic rationality,but also has realistic operability,which can be realized under the existing conditions.The current Administrative Procedure Law does not clearly define the mediation procedure,and the legal provisions are too principled and generalized.The specific institutional structure and design of pre-trial mediation in administrative litigation is inseparable from the comparison and reference of the current relevant systems.By comparing with the pre-trial mediation system in the civil law procedure in domestic law,the pre-trial reconciliation system and the prior mediation system in the administrative proceedings,it provides a reference standard for the establishment of the pre-trial mediation system for administrative litigation.The construction of the specific system of pre-trial mediation is at the core of the pre-trial mediation of administrative litigation,and it is related to the normal operation of the pre-trial mediation system.Therefore,the basic principles,specific applicable procedures,effectiveness and relief channels of pre-trial mediation are constructed in a practical and effective manner,so as to improve the overall framework of the pre-trial mediation system.The introduction of pre-trial mediation system in administrative litigation is not only important for enriching the diversified administrative dispute resolution system,but also meets the inherent requirements of a harmonious society.Pre-trial mediation is a moderate dispute resolution method that can properly coordinate the interests of both parties to the dispute.Its positive significance is beyond doubt.