| Since the administrative contract is included in the scope of administrative litigation cases,the number of administrative contract cases has exploded.With the implementation of a country,a government and a society under the rule of law,the public’s awareness of the rule of law has been constantly improved.When administrative disputes arise,administrative counterparts will take the initiative to seek legal solutions.However,the administrative litigation law only provides administrative litigation for the current administrative agreement disputes,and there is no provision in the administrative review law that administrative agreement disputes can be solved by administrative reconsideration,which brings heavy pressure to the court.Thus,administrative dispute mediation centers have been established and trial regulations have been introduced in various places,actively responding to the current background of multiple mediations.Although it runs against the traditional thinking that administrative disputes cannot be mediated,it still lacks sufficient theoretical support.For administrative agreement dispute cases,pre-court mediation problems are particularly prominent and exemplary.These mainly include a lack of clear procedures for pre-court conciliation,lack of pre-court mediation professionals,uneven mediating quality,lack of supervision and relief,and especially lack of administrative attention.In view of the above problems,this paper clarifies pre-court mediation and reconciliation,and distinguishes pre-court mediation,mediation in litigation,coordination in litigation and pre-court mediation.Starting with the necessity of pre-court mediation for administrative agreement disputes,this paper emphasizes on the value of the pre-court mediation system,mainly analyzing the legality and contract-compliance of administrative agreements,and the developing trend of participation in the administrative concept,explaining the principle of indissolubility of administrative power,and fully showing the feasibility of pre-court conciliation for administrative agreement disputes.With four typical cases,this paper further enhances the theoretical support for pre-court mediation for administrative agreement disputes.The author puts forward several suggestions on the improvement of the pre-court mediation mechanism for administrative agreement disputes.First,it suggests to improve the specific procedures of pre-court mediation from the aspects of application,acceptance,the subject of pre-court mediation,its time limit,mediation and its settlement.Secondly,it proposes to set up specialized mediation institutions and mediation teams which are mainly lawyer-led professionals,and to pay attention to dynamic and nurturing management for promoting their professionalism and specialization.Finally,it is suggested that the special circumstances of the pre-court mediation and the leading role of the system of administrative chiefs’ attending court should be taken as the extension of the pre-court mediation system for administrative agreement disputes. |
