Practice Rethinking And System Construction Of Administrative Litigation Conciliation

With the continuous progress and development of China’s rule-of-law society,building a rule-of-law society is an important task in the modernization of social governance,and improving the social dispute prevention and resolution mechanism is one of the important ways,in which the resolution of the "disputes between the government and the people",that is,administrative disputes,is an important part of solving social contradictions and disputes.As an effective method to resolve administrative disputes,administrative litigation conciliation has become an important task in the administrative litigation work of the court.The administrative litigation conciliation refers to an activity in which both parties,through consultation,resolve administrative disputes,reach a settlement agreement and terminate the litigation by withdrawing the case.Meanwhile,with the continuous improvement of citizens’ awareness and quality of the rule of law,the way for closing cases by a single judgment has been unable to meet the practical judicial demand.For some administrative dispute cases,ending administrative litigation by means of coordinating the resolution of withdrawal of the case can effectively resolve social contradictions and disputes,and save judicial resources and reduce litigation costs,which is conducive to protecting the legitimate rights and interests of the parties.Therefore,we should structure and regulate the coordination of the resolution of administrative disputes by means of reaching settlement and withdrawing the case in the process of administrative litigation in China,establish a systematic and standardized administrative litigation conciliation system that meets the national conditions of China,and keep in line with the concept of justice with Chinese characteristics and the basic principles of modern rule of law.This article is divided into the following parts: The introduction discusses the background and significance of research,research methods and the innovations of this article;Chapter one discusses the concept,characteristics,theoretical basis and value of administrative litigation conciliation;Chapter two discusses the judicial practice of coordinating the resolution of administrative disputes by means of reaching settlement and withdrawing the case and the reflection on the existing problems;Chapter three introduces the extraterritorial administrative litigation conciliation system and its enlightenment to the construction of the system in our country;The fourth chapter discusses thinking on the construction of the system in our country,defines the basic principles,clarifies the scope of application,specifies the substantive elements,regulates the general procedures and establishes the supporting measures for the reconciliation of administrative litigation.