On The Limited Mediation System Of Administrative Litigation

Mediation,as a way to resolve disputes,has the active role of resolving disputes and safeguarding legitimate rights and interests,which is an important subject of judicial reform in the new era.There are different views on whether mediation system can be applied in administrative litigation in the theoretical circle.Among them,the one who opposes mediation thinks that mediation is a disposition of rights,while the executive power on behalf of the public interest cannot be disposed freely,so mediation cannot be applied in administrative litigation in China.With the revision of the administrative procedure law in 2014,although the principle that mediation is not applicable to administrative litigation continues,mediation is applied to administrative compensation,compensation and cases where administrative organs exercise discretion according to laws and regulations,which reflects the change of administrative litigation in China from not applying mediation to applying mediation to some cases,and further establishes the administrative litigation in China Litigation mediation system.Although the administrative procedure law regulates the scope of application of mediation and the basic principles of mediation,and initially establishes the limited mediation system of administrative litigation,the lack of operational norms in mediation procedures and the lack of supervision and relief mechanism have greatly affected the normal play of mediation.Based on this,the author analyzes the limited mediation system of administrative litigation in depth,starting with the concept of limited mediation in administrative litigation,distinguishes other multiple dispute resolution methods,and analyzes the existence value of the limited mediation system.After analyzing and investigating the administrative litigation mediation from three aspects of theory,legislation and practice,the author finds that there are some problems in the limited mediation system,such as narrow scope,unclear procedural provisions,lack of supervision and relief mechanism,etc.,and analyzes the causes of the problems,proposes to reconstruct the scope of limited mediation,standardize the applicable procedures of limited mediation,and formulate and improve the trial of limited mediation The reasonable path of investigation and relief mechanism is to give full play to the judicial function of limited mediation in administrative litigation,to solve administrative disputes in a just and timely manner,to protect legitimate rights and interests,and to supervise administrative power.