Study On The System Of Pre-litigation Mediation In Administrative Litigation

In 2021,the Supreme People’s Court issued the "Opinions on Promoting the Reform of the Separation of Complicated and Simple Administrative Litigation Procedures",establishing a pre-litigation mediation system for administrative litigation.This system is an extension of the principle of "limited mediation" established in the Administrative Procedure Law(2014).At the same time,this system is also an institutional response to the practical discourse of "governance of sources of litigation" and "substantial resolution of administrative disputes".The pre-litigation mediation of administrative litigation is the mediation guided by the court "after the prosecution" and "before the case is filed".Compared with other administrative dispute resolution methods,pre-litigation mediation focuses on the diversion of cases before litigation to promote the substantive resolution of administrative disputes,which has a staged feature.At the same time,pre-litigation mediation also pays attention to the combination of the court and various forces to jointly resolve administrative disputes and achieve the goals of a society ruled by law and good law and good governance.It has the characteristics of "judicial" and "consensual".This article discusses it from two aspects.On the one hand,by sorting out legal provisions,judicial interpretations issued by the Supreme People ’ s Court,and legislative and judicial documents issued by various places,it is found that the functions of the system have been presented in the system design,or in other words,the institutional framework for pre-litigation mediation has been basically completed.On the other hand,looking back at judicial practice,we use the typical cases of pre-litigation mediation in administrative litigation published by the Supreme People’s Court and various places as samples to extract and summarize the valuable experience of local courts,and we can get a glimpse of the current status of pre-litigation mediation and the system of pre-litigation mediation.Institutional advantage is verified.However,pre-litigation mediation in administrative litigation is an "emerging" system design that originated from judicial practice and has been put into practice.It has the following problems: from the perspective of system design,the local judicial practice experience of pre-litigation mediation needs to be further refined;from the level of system implementation Look,the application of pre-litigation mediation has yet to be standardized and proceduralized.Therefore,the author discusses the space to be optimized from the two aspects of system and practice,hoping to make a small contribution to promoting pre-litigation mediation towards institutionalization,standardization,and proceduralization.