Research On China’s Administrative Litigation Mediation System From The Perspective Of Substantive Dispute Resolution

In recent ten years,the substantive resolution of administrative disputes has become an important wind vane in the reform of administrative trial.It is a positive response to the increasing number of social contradictions,complex and changeable types of disputes and too single dispute resolution mechanism.It is also under the guidance of this direction that the provisions of Article 60 of the administrative procedure law of the People’s Republic of China(hereinafter referred to as the “administrative procedure law”)revised in 2014 have opened up a channel for the application of mediation in administrative litigation.Administrative litigation mediation refers to a system in which the administrative subject and the administrative counterpart negotiate and finally reach an agreement on dispute resolution under the auspices of a neutral third party in the process of administrative trial.Whether the principle of "Prohibition" has changed from "Prohibition" to "Prohibition" in China’s legislation.Such a change actually reflects the tendency of administrative trial to focus on resolving administrative disputes,rather than simply adhering to the previous one sentence.Although the provision only limits the scope of cases applicable to mediation to three types of cases,namely administrative compensation,compensation and cases in which administrative organs exercise discretion stipulated by laws and regulations,it is a concrete implementation of substantive resolution of administrative disputes.Under the guidance of the concept of substantive dispute resolution,administrative litigation mediation pays attention to the real interests of the parties and strives to resolve disputes in the form of negotiation between the parties,which is not only conducive to properly resolve contradictions,but also to prevent the idling of litigation procedures and enhance the ability of administrative litigation to resolve disputes.However,in terms of the current system design and judicial practice of administrative litigation mediation,although the system pursues the substantive settlement of administrative disputes,it is difficult to give full play to its powerful function of substantive dispute resolution.On the one hand,it is reflected in the insufficient supply of the system,that is,the system design itself is not perfect;On the other hand,in the implementation of administrative litigation mediation,there have been a large number of mixed use of mediation and withdrawal of litigation,the people’s court has delegated legal mediation cases to the administrative dispute mediation center,and mediation in the filing stage in violation of the filing registration system.The existence of these problems inhibits the implementation of administrative litigation mediation,making the administrative litigation mediation system unable to play the function of substantive dispute resolution.Based on this,this paper will be based on the administrative litigation mediation system and substantive resolution of administrative disputes,select substantive resolution of disputes as the research entry point,study China’s administrative litigation mediation system from this perspective,and further combine the specific practice of the current Supreme People’s court and local courts on substantive resolution of administrative disputes on the basis of analyzing the development status of the current administrative litigation mediation system,Try to put forward practical countermeasures,and strive to make the administrative litigation mediation system give full play to the function of substantive settlement of administrative disputes.