Research On The Pretrial Mediation System For Administrative Disputes

The pre-trial mediation system for administrative disputes is an innovative achievement of the people’s courts at all levels in my country in order to implement the judicial concept of substantively resolving administrative disputes and explore diversified dispute resolution mechanisms.Refining its concept through judicial practice,it can be defined as: the parties submit the administrative dispute case materials to the people’s court,and the people’s court transfers the administrative dispute case to the pre-trial mediation center for administrative disputes with the consent of the parties during the case filing and review stage.Presided over by the mediator,it organizes voluntary and equal consultations between the two parties to the dispute in accordance with the law,promotes the two parties to reach a settlement,and substantively resolves the judicial activities of the administrative dispute.The deciphering of the theory of the indisposability of public power by the theory of administrative discretion,the development of diversified dispute resolution mechanisms,and the practice of the judicial concept of substantively resolving administrative disputes have provided sufficient theoretical support and practical basis for the pretrial mediation system of administrative disputes.However,since there are currently no laws and regulations to provide for the pretrial mediation system for administrative disputes,the proposal and development of this system is a breakthrough in the existing judicial system,or even a breakthrough in the existing legal norm system,and the development of its judicial practice It has gone far ahead of the legislation,causing its legality to be questioned.At the same time,it is precisely because of the lack of unified laws and regulations to regulate it,the standards for the scope of application of pre-trial mediation for administrative disputes vary across the country,the standardization of operating procedures is insufficient,and there has been an unlimited expansion of the scope of application of pre-trial mediation in some regions.The supervision function of judicial power over executive power is weakened.In order to eliminate doubts about the legitimacy of pretrial mediation of administrative disputes and solve its problems in judicial practice,first of all,from the legislative aspect,the Administrative Procedure Law should be amended to give it legitimacy;a special judicial interpretation should be issued.,to explain the basic elements of the operation of the system;local governments have introduced supporting systems to assist the operation of the pretrial mediation system for administrative disputes.Secondly,in terms of the scope of application of pre-trial mediation for administrative disputes,non-litigation and enforcement administrative disputes can be properly included in the scope of pre-trial mediation;for litigationtype administrative disputes,the types of non-litigation and enforcement types that cannot be covered by pre-trial mediation should be identified in the form of a negative list.define.Furthermore,in terms of the operation procedures of pre-trial mediation for administrative disputes,it should be clarified that pre-trial mediation should be initiated and run by the people’s court,and the orderly transition between pre-trial mediation procedures and trial procedures should be strengthened.Finally,in terms of the supervision and relief mechanism of pretrial mediation,the supervision mechanism of pretrial mediation should be strengthened through the deep participation of people’s courts,and the relief mechanism of pretrial mediation should be improved by granting the parties the right to apply for retrial.Through the above paths,the pre-trial mediation system for administrative disputes will be improved to ensure the legal and effective operation of pre-trial mediation of administrative disputes,and to exert its due institutional value for the substantive resolution of administrative disputes.