The Research On The Establishment Of Chinese Administrative Litigation Conciliation System

In the transition from tradition to modernity,citizens' awareness of the rule of law becomes increasingly thick with the improvement of citizens' self-protection consciousness.At the same time,they also pay more attention to the autonomy of consciousness,and know how to express their will and requirements by the form of contract.The change of an era requires the expansion of ideas and the innovation of methods,and the diversified dispute resolution mechanism has become the inevitable result of the increasing number and types of administrative disputes.As a way to settle disputes among human beings,reconciliation has been used not only to settle civil disputes between individuals in society for a long time,but also can as a way to solve contradictions between the government and the people indirectly.In judicial practice,the original non-state administrative legislation adopted reconciliation as a method of dispute resolution.With the approval of relevant laws on administrative law enforcement and implementation rules of administrative review law and other existing laws and regulations,reconciliation is increasingly applied in various administrative disputes,and which has become a more effective way to solve administrative disputes.However,the research on reconciliation in administrative litigation has not determined completed theoretical system and institutional framework.The concept and characteristics of reconciliation in administrative litigation are roughly defined which based on the connotation of reconciliation in private law,and it also makes a detailed analysis distinguish between other similar system in my paper.And then it was analyzed based on the court administrative litigation cases for the current missing causes of the system,it mainly includes four aspects: most of the ruling of withdrawal in administrative litigation was based on the reconciliation,the growing number of withdrawal cases inhibiting the generation of the reconciliation system in administrative litigation,the particularity of administrative organs which makes the reconciliation system loses its own value,and the distrust of administrative counterparts on state organs leading to the difficulty in generating the reconciliation system;at the same time,from the summary of the construction of administrative litigation reconciliation system,it is conducive to the establishment of multiple dispute resolution mechanism,it determines the validity of the settlement agreement and protect the legitimate rights and interests of the parties,it is used to make up for the lack of court judgment,it emphasizes the right relief function,as well as the use of administrative organs discretion,in line with the purpose of administrative litigation,which emphasizes the necessity and feasibility of the construction of the system.Because there is no clear reconciliation regulation in the practice of administrative litigation in Chinese practice,the paper made a comparison and analysis on the relevant administrative litigation reconciliation documents in Germany,France,the United States and the United Kingdom which to put forward a reasonable framework for the reconciliation system of administrative litigation at the legislative level.The construction of a system may is based on principles,in addition to the voluntary principle,legal principle is embodied in administrative litigation in the whole process,it also needs to establish the principle of limited scope,the principle of good faith,the principle of balancing of interests,and trial separation principle,open principle,on the basis of the seven basic principles of administrative lawsuit reconciliation system,it also put forward specific entity design and program design.In the entity design,it mainly includes the most important party qualification problem,the application of administrative litigation reconciliation system,and the effectiveness of the settlement agreement;the design for proceeding,it includes mainly the initiation,negotiation,determination of settlement agreement and how to target the relief.