On the establishment of limited mediation system in administrative litigation in

According to the provisions of the Civil Procedure Law of China and relevant laws, the people's court in the litigation process, according to the request of the parties concerned or the trial needs according to their own authority, based on case investigation, strictly abide by the voluntary, equality, consultation, legal principle, by negotiation, mediation to resolve disputes between the parties litigation system conciliation or mediation, is. Since Yanan period, especially after founding a state, our country attaches great importance to the court mediation, judicial practice in most civil and commercial cases are settled through mediation. This makes the mediation becomes our country lawsuit especially most distinctive system of civil litigation, this system is developed western countries praised as "Oriental experience". It should be said that the judicial mediation, both from the legislative, judicial, and legal theory research, is very complete, with the legislative basis rich. In the current China socialist society under the rule of law construction process of our country, especially in the process of building a harmonious society, we should learn from foreign judicial experience, at the same time, carry forward our fine traditional judicial experience. Specifically, the judicial mediation work this judicial circles, let it enjoy in our traditional legal culture soil of the bloom, and continue to send out inviting fragrance. Give full play to the great role in the mediation of disputes in judicial mediation, judicial mediation in the establishment of consolidation of the important status in China's legal construction is a long-term task, should the judicial colleagues in China, should also is always the subject Chinese legal theory. But, unfortunately, more surprisingly, only a short while ago, both legal theories and judicial circles, was once rejected China's successful judicial mediation, the judge as an important means to improve the judicial authority, blindly emphasizes the way closed. And as with the rest of the world, completely forgot China legal culture of Oriental features. The results not only the conflict between the parties did not resolve, but also caused strong dissatisfaction of the masses on the court, almost caused the judicial crisis. And the contradiction of the objective completely at odds. Under the influence of the thought, in administrative proceedings, the scholars is completely reject the introduction of mediation system in administrative litigation. Some people even think that "not closed" by way of mediation is one of the important differences between administrative litigation and civil litigation. Some scholars will be "one of the fundamental principles of mediation is not suitable as an administrative litigation". With echoes, "administrative procedure law of the people's Republic of China" (hereinafter referred to as the "administrative procedure law") fiftieth also clearly stipulates: "the people's Court concerning the trial of administrative cases, mediation is not applicable." The administrative litigation of almost became unprocessed exotic, lonely is anchored in our legal system construction of the harbor, and our traditional judicial mediation insulation. Opponents of the reason is nothing more than, the so-called theory of public interest, public authority can not be punished, administrative legal and administrative legal relationship status is not equal to say. No matter what, that mediation is based on the parties to the rights of freedom of action on the administrative, to the administrative organ, is a kind of power, is also a kind of obligations (responsibilities). Because the subject of administrative power is the only, that is the national. The administrative main body now are carried out according to the legal authorization of administrative power, so there is no freedom punishment right, must be in accordance with the law to exercise the administrative power, otherwise, is the breach of privilege, is illegal and, therefore, the administrative litigation mediation is not suitable, it can not establish the system of mediation in administrative litigation. The author thinks, this theory it is biased, it is necessary for us to re-examine the system of administrative litigation, and the establishment of limited mediation system in the administrative litigation system. The administrative litigation of our country and the Chinese traditional culture especially the legal culture organically, to establish administrative litigation system has Chinese characteristics, to provide a strong guarantee for the construction of a harmonious society. One, the establishment of administrative litigation mediation system the necessity, urgency, possibility (a) the reality of the helplessness and confusion of judicial "Administrative procedure law" promulgated and implemented so far, will promote our country the construction of rule of law, administration according to law, protection of the legitimate interests of the relative people, has its positive significance. But it can not be denied, because the deviation of the legislation guiding ideology and legislative setup, the administrative litigation said of an aged person, signs of danger appearing everywhere. Can be said that if the administrative litigation of civil litigation and criminal litigation as well as, by the government and social concern, the people's court administrative trial is almost impossible to carry out. Because it can be said, a large number of administrative cases is to mediate the illegal settlement, not withstand supervision by the society and government, not to mention the prosecutorial supervision. As is known to all, in the judicial practical, both administrative litigation or non litigation administrative execution cases, a considerable proportion of the cases are in mediation or disguised mediation, the final mode is a clear violation of the "administrative procedure law". This phenomenon since the "administrative procedure law" carry out there, almost with the promulgation and implementation of the act and the emergence of. Is that it reflects the administrative trial court, hard, face the social pressure, the judge would not sentenced to also dare not sentenced to administrative organs, and afraid to lose, not with the plaintiff for the right and wrong, (probably the most direct reason is, the administrative organs do not know of administration according to law, in its decision did not court review, therefore, to reach a compromise with the relative person) The weakness of the plaintiff had doubts, to be very careful, of course, just leave, compromise. In this way, the parties from their respective interests, to achieve a rational manoeuvre, and ultimately the formation of a compromised result, its essence is no mediation mediation. This mediation often exile in the court, the court sometimes never intervention. Both parties are coordinated, how to do? The judge can not make mediation settlement, the helpless, the judges with superb judicial wisdom, to avoid judicial dilemma, that is to mobilize the complainant to withdraw, or otherwise legally closed the surface. In order to solve the judicial justice of frustration and confusion, but also standardize judicial practices, the Supreme People's Court on 2008. Specially issued a judicial interpretation "provisions of the Supreme People's Court on some issues of administrative litigation case". Presumably this is last ditch. High withdrawal rate of administrative cases in the most direct response, is behind the reality of the helplessness and confusion of judicial. (two) the reality behind the frustration and confusion of judicial crisis Since there are so many helpless and confused real justice, unreasonable defect so much administrative litigation legislation, it should be said that the administrative litigation crisis is no one would deny that. Many crisis, I think, is the most terrible of the masses of the judicial authority and the governmentThe crisis of confidence.This development has serious influence and restrict the administrative lawsuit, also will affect the development of China's socialist construction, to bring the hindrance of administration according to law. In recent years, the administrative litigation case seriously insufficient, has become not a fact, and aggravated the situation. A serious shortage of administrative litigation case, this crisis is the most outstanding performance. Seriously, this is not a crisis of confidence in the administrative litigation, but also to the whole question of justice. Finally, it will cause social instability. So Is it right? Establishment of limited mediation system in the administrative lawsuit, it can alleviate this situation? The answer should be yes. Because of the administrative litigation is the state administrative organs and relative to others, the government is a special object must have an extraordinary effect, processing good will enhance the public's trust in the government, the judicial trust. Not to deal with its consequences are not difficult to imagine. The best way to resolve contradictions and disputes, but not blocked sparse, establishing administrative litigation mediation system, it provides an effective platform to ease the contradictions and disputes. So the author thinks that, to establish a limited mediation system in administrative litigation is imminent, be imperative. Two, our administrative mediation 　 A legislative basis) In fact, China's relevant laws and regulations to solve administrative disputes have been doing some "quasi mediation" mechanism, in the legislation has given administrative organs in administrative litigation stage considerable autonomy, as the Administrative Mediation Legislation to do. "Administrative procedure law" provisions of article fifty-first, the people's court to administrative cases before announcing a judgment or ruling, the defendant to change the specific administrative act, the plaintiff agrees and applies for the withdrawal of the suit, the people's court to decide whether to grant. Article fifty-second provisions, the parties haveEconomicsThe difficulty, needs to be extended or installment payment fines, approved by the application of the parties concerned and the administrative organ, may suspend or in installments. The above provisions in fact has given China's administrative judicial "mediation" right. The legislation on preparation for further establishment of administrative litigation mediation system. In contrast, China's administrative regulations, basic it is to develop the sector of their own, sector protection department interests seriously, it is necessary in the lawsuit by mediation appropriate corrections, so also can achieve win-win results. (two) the basic judicial The use and role of mediation or "mediation" mechanism in China's civil litigation, criminal procedure, establishment of limited administrative mediation mechanism made effective attempt. Mediation principle is a basic principle of our national commercial litigation, was hailed as "Oriental experience", which no doubt, one of the standard rate of mediation also became the court and judge performance assessment. In criminal proceedings, China has absorbed some of the practices of western countries, introduced the "plea bargaining". "Plea bargaining" the introduction of mediation in criminal cases makes reference to become a reality. Criminal and administrative cases belong to public law cases, procuratorial organs and administrative organs on behalf of the state to exercise state power, "the application of plea bargaining", the national public power can also be conditional action. Even in its foreign relations, a lot of the national public power disposition has in fact. Diplomacy is the typical cases. If the national public power is absolutely can not be punished, the diplomatic negotiations would not possible. So the appropriate legal sanction of administrative power in administrative lawsuit has theoretical and reality of judicial basis.Mediation has long been an open secret in the practice of administrative litigation in our country. A unified theory of the maintenance of the rule of law's denial, legislative refused, but did not eliminate the administrative litigation in the universal existence "in the mediation and reconciliation". In recent years, causing widespread concern of the high withdrawal rate of administrative cases is the direct reflection of the situation. In a sense, this is a kind of illegal act of circumventing the law. But it also reflects our judicial personnel superb judicial wisdom, is the court to face reality last ditch compromise. Since the implementation of our country since the "administrative procedure law", the administrative proceedings in the withdrawal rate has been not high. Both the relative legal "withdrawal" also have less legitimate "non normal withdrawal". In the course of legal proceedings, for the plaintiff withdrawing, the administrative subject and the out of court deal "reconciliation", namely the defendant to change the specific administrative act, the plaintiff applies for withdrawal of the case. The mediation and reconciliation in disguise, apparently against the "administrative litigation mediation is not suitable" principle, its essence is to circumvent the law. And the court on the trial process all "the green light". In many cases, the court not only failed to review the trial process, they also mobilize the plaintiffs claim. Almost no court ruling in the review no withdrawal withdrawal application, not to any level of government such violations of the courts and administrative authorities to investigate. Almost is the government and the courts and administrative organs together in a very way of cheating. The tacit understanding degree high can be said to There is nothing comparable to this. In administrative proceedings, the original, the defendant between different strength, nature may be difficult to secure the two sides equal consultation. The defendant may use their own advantages to exert pressure on the plaintiff, the plaintiff coercion or temptation consensus. Therefore, both sides desired but also needs to have the necessary guidance and communication, the lack of success rate and the fairness and legitimacy of judge involving reconciliation may affect mutually desirable, in the reality of judicial practice, the reality through the mediation of administrative litigation, has provided the effective attempt for the establishment of administrative litigation mediation system. Therefore, in administrative proceedings, the choice set limited mediation system should also be distinguished. But outside of administrative litigation mediation mechanism of some advanced theories and practice, we also provide an example. Comparison of the administrative litigation system of other countries and regions in the world, also mostly set the lawsuit reconciliation system. The Anglo American law system by the civil procedure in handling administrative cases, mediation system in civil procedure law applicable to the settlement of administrative disputes. The judicial practice at home and abroad, it provides beneficial experience for the establishment of mediation system in administrative litigation in china. If we continue to maintain this situation, not only undermined the authority of the law, and destroyed the unity of legal system, but also can be said to be a serious violation of public interests. Limited administrative mediation system, be imperative. (three) the legal basisFirst establish limited mediation system in administrative litigation consistent with the basic theory of modern administration, to meet the needs of modern administration. The modern administration, has not completely administrative intervention, is already to service administration and service administration. Therefore, the justice should also be with the development of modern administration and change. Limited administrative mediation is one of the best embodiment. Negative administrative litigation conciliation system of the main reasons is that, we are now legal administrative body, and not the real subject, but only authorized on behalf of the state in the exercise of authority organization. Therefore, the administrative organ must administration according to law, which shall not abuse their administrative powers, shall not be negative to fulfill its mandate. The administrative authority only the faithful duty, without free disposal of power, so it does not have the necessary litigation mediation "voluntary" and "legal" basis. In fact, the administrative organ in the exercise of administrative powers, is strict administrative act with discretion simultaneously. On the administrative discretion, should be carried out by a more harmonious way. "Discretionary" refers to the administrative organ to make the punishment decision has a lot of freedom, which can range can take in a variety of internal selection, take some measures according to the administrative judgment or not to take certain measures, have greater choice space. The choice of the existence of space, provides theoretical foundation for the establishment of limited mediation system of administrative litigation, also increased the possibility, feasibility.Secondly, the establishment of administrative litigation mediation system, litigation, consistent with the balance of the basic characteristics of modern society of diversification of public interest and personal interest. On the surface, the administrative body of the representative of the public interest and the administrative relative person on behalf of the personal interests while it seems somewhat contradictory. But actually represent the administrative relative person's personal interest is one of the most important interests, public interests must also only is composed of individual interests. The relationship between the two, they are the unity of opposites. In addition, on the one hand, power itself means a dominant power, will inevitably lead to the position between the administrative subject and administrative relative person is not equal, the administrative organ in the exercise of administrative power, will inevitably violate the administrative relative person's legitimate interests. Administrative power is focused on maintaining the social public interests, and the administrative relative person focused on the maintenance of the personal interests of the situation will be in conflict, the difficulty is the public interests and personal interests and no absolute boundary line clear, increases the relative probability of personal interests. On the other hand, the public interest is the essence of personal interests as the foundation, is the organic combination of personal interests in certain social standard, with many individual interests compromise, balanced results. Therefore, the administrative subject must use administrative power to safeguard and protect the relative people's interests; at the same time, the administrative relative person should obey the legitimate public interest administrative body maintenance. This is the public interests and personal interests consistent performance. And the establishment of limited mediation system in administrative litigation, the relationship between the effective balance between the two, provides a new method and means, the best combination of points - of agreement found in between the two. In the lawsuit mediation process, consensus all parties will make the greatest efforts, safeguard the interests of all parties, and in agreement with the minimum concessions, reach consensus. So that we can effectively make the public interests and individual interests be taken into account, the balance of public interests and personal interests diversified purpose.Once again, against the conciliation system in administrative litigation, fear is nothing but fear and therefore damage the public interests. Actually this kind of worry is not necessary. Because both the legislation and legal theories have a basic principle, is seriously damage the public interests is the legal act invalid. Invalid we national legislation also provides national collective or damage the legitimate interests of others behavior. In administrative litigation, if the administrative organ without principle and the relative person to do the transaction, and thus seriously damage the public interests of the society, its behavior has no legal effect, can be revoked. In theory, the core of the relationship between public interests and personal interests are: balance. Administrative law in the balance, is in essence a kind of make a variety of confrontation or conflict factors in harmonious state coordination. Balance is the basic spirit of modern administrative law, administrative law, so in the realization of its control of government power, the protection of human rights, improve administrative efficiency, promoting social justice and multiple values, must be balanced, balance, coordination of the various factors that may conflict with each other, can truly play its role. In fact, the proportion principle and the principle of trust also requests the administrative organ in the administrative law enforcement in the interests of all parties to be balance, balance, with minimal damage to the most appropriate ratio, relative error correction. Administrative litigation as the final relief means, compared with other system, is to achieve a regulator to balance the interests of public interest and the relative person. However, in the current administrative litigation in our country, is generally believed that there are mainly two kinds of closed manner, namely of verdict. The decision was divided into the maintenance decision, the cancellation decision, execution of judgment, the confirmation decision and alteration of judgment (only for significant loss of administrative punishment justice) five, that is not accepted, rejected the prosecution, prosecution proceedings end etc.. But it is not difficult to find whether the judgment or ruling, is a kind of either this or that way of closing, even if it is part of the cancellation and alteration of judgment, the parties are not acceptable results. This procedure although has ended, but in many cases, contradiction between the parties and not resolved, contrary to what many contradictions are more intense, more sharp, more complex. The public interests and personal interests are still "imbalances" state, which did not achieve the purpose of administrative litigation. This can not reflect the parties "desirable" either this or that the dispute settlement mechanism has obviously can not adapt to the demands of modern administration, also with China's traditional doctrine of the mean, Wuwei governing theory at. If the establishment of limited mediation system in administrative proceedings to just can make up for this deficiency, to promote the social harmonious purpose.Finally, there are two basic law principle in the administrative law theory, namely trust principle and proportion principle. The two principles of administrative organs in the process of administrative law enforcement, with minimal damage, to achieve the educational punishment relative to. But the actual situation is, many administrative organs in administrative enforcement of law do not consider these two principles, that is not sound, and even many administrative law enforcement personnel did not know has such two basic principles. So, in the practical process of administrative law enforcement, administrative organs and their staff, are not strictly abide by the two basic principles, a lot of administrative law enforcement is the penalty is a fine, the power of administrative law enforcement to make money tool simple variable. In a sense, the administrative organ violates the relative person benefit far more than against the public interest. At the same time, the two basic principles of administrative law, should also be a basic theory of limited mediation mechanism of administrative litigation. Because the most appropriate proportion of the amount, should be agreed by both sides Four, about the limited mediation system in administrative litigation conception To establish a limited mediation system in administrative litigation, the necessity and urgency of not only in theory the introduction of administrative litigation mediation system, more important is to give a clear in legislation. China's current "administrative procedure law" the fiftieth stipulation: the people's Court concerning the trial of administrative cases, mediation is not applicable. As to the introduction of mediation system in administrative proceedings, it must be modified to the existing law. From the actual situation of our country, although we previously lacking in theory, in the legislation also has obstacles, but the actual judicial practice has accumulated a lot of successful experience, theory is a breakthrough, but in the civil procedure in China, many valuable experience, therefore, the author thinks, in the administrative litigation conciliation mechanism has been a matter of course. What we need now is to modify the "administrative procedure law" article fiftieth, establish of limited mediation system of administrative proceedings. The author suggests that the people's court shall be amended as: the trial of administrative cases, the parties may apply to the people's court mediation and the court mediation may be conducted in accordance with the law review. This provision will be the dominant position in the people's court proceedings in the reflected, also gives the supervision right of court mediation. If the people's court considers not appropriate conciliation or mediation can seriously damage the public interest does not apply mediation.However, the administrative litigation mediation after all relates to the disposition of public power, the relationship between public interests and personal interests balance, but also beneficial to the people's livelihood has its particularity, should not be ignored. Equal relationship is totally different from the civil main bodies, so the mediation in administrative litigation and civil litigation mediation is different.Therefore, the author agrees in administrative proceedings, the establishment of limited mediation system, rather than the full mediation system. This is decided by the characteristics of administrative litigation. Limited administrative mediation system still need to be as follows: (a) must first be clear, the principle of mediation of administrative litigation mediation assisted position Co. absolutely different from the civil and commercial litigation in the leading position. Therefore, in the administrative litigation can never replace the trial with mediation. In the administrative proceedings is only limited mediation system, only is the introduction of a mechanism, a closed manner, as is to coordinate administrative litigation cases possible, provide a vegetable through channels, increase a reconciliation of the platform, not a litigation is established. The most important difference between the principle of mediation which is the administrative litigation mediation mechanism with limited civil. This is also must be every legislation and law enforcement should understand. Mediation in administrative litigation in administrative litigation, to solve the dispute mechanism, forever can only share complementary secondary position. Should not be exaggerated to understand its position and role, but can not therefore affect the administrative and judicial functions of the judicial system, leading to empty. (two) although effective mediation in administrative litigation, the status is secondary and subsidiary, but also no need to set up too many obstacles, the influence to play its role. Therefore, I oppose the instance level constraints on administrative litigation mediation. Since the introduction of mediation in administrative litigation, we should fully play its role. As long as the nature of the case and the mediation, the parties also apply for mediation, civil and commercial litigation should be just as, in the litigation process, can be applied to mediation. So, in order to ensure the solution dispute mechanism channels. Because the civil and commercial litigation experience tells us, mediation is a complex process, can not accomplish at one stroke, some complicated cases, maybe not in the first instance mediation, perhaps in the second instance can mediation, then why the second instance of the mediation of administrative litigation against? Many complicated civil and commercial cases, is not in the second instance of successful mediation? If for some worry about the administrative litigation mediation too many restrictions, limiting its role to play, in turn caused the mediation mechanism of administrative litigation empty, there is no necessary. (three) apply the principle of mediation in administrative litigation. A The principle of voluntariness. This principle should also is the core principle of mediation in administrative litigation co.. No voluntary no mediation. Mediation is the essence of mediation from first to last should respect the will of the parties. Voluntary includes procedures on the voluntary, including the entity voluntarily, the mediation agreement reached Chengdu is the real meaning of. B The legitimate and reasonable principle. Administrative organs in the compromise reached with relative person, will inevitably involve on administrative power is public power. So we must emphasize its only within their statutory functions, based on the basic principle of the law allows, can free disposition. A legitimate refers to legal procedures, the two refers to the content of the agreement shall not violate the provisions of substantive law, not with the law prohibiting norms conflict, can not damage national social public interests and the legitimate rights and interests of the third person. Reasonable mainly refers to the administrative organ should take into account the interests of relative people, should be within its statutory functions, actively apply the principle of proportionality, choose the appropriate way, compromise within reasonable limits, to avoid unfair. C The principle of honesty and credit. Require the parties to exercise their rights to fulfill their obligations, have good sincere, honest, fair and reasonable. Mainly in view of the administrative organ, the good performance of the mediation agreement. D The principle of equality. Because the administrative departments have the strong executive power, is in the position of absolute superiority, therefore, in the course of legal proceedings, this advantage should be corrected, guarantee the relative person in the courts and administrative organs equal confrontation, ensure judicial justice. There is no justice without equal, not equal to mediation, mediation is not the real meaning of it. Equality, including equal legal status, rights protected by the legal equality, equality. (four) the scope of mediation in administrative litigation right limit. The administrative litigation of public law litigation, the main task of administrative trial is still the examination according to law to determine the legality of administrative acts. And the administrative organ to the right of action is limited, even if has the right, by the principle of legality constraints, so the administrative punishment right of freedom, of course, as civil parties litigant freedom must be loose, so it is necessary for the administrative litigation mediation scope should be appropriate restrictions. The reason of establishment of limited mediation in administrative litigation which is why only. Otherwise, it may cause the mediation of the abuse, harm the social and public interests. The difficulty is how to define its scope of application, the author advocates elimination method to express. The following administrative act does not apply mediation: (1) strict administrative act. There are strict administrative act and discretionary administrative act two main administrative behavior. Strictly limit the strict administrative act by the laws and regulations, legal and illegal, legal no mediation room, illegal and must be corrected without mediation. Only the discretion of party can mediate. (2) the invalid administrative act. And civil acts invalid, invalid administrative act violating laws and regulations, which from the beginning has no legal effect, is not binding on the relative person, there is no punishment basis, naturally there is no mediation basis. As a result of the invalid administrative act to the relative losses, can compensate for mediation, that is another matter. (3) administrative action is lawful and reasonable. Legal and reasonable explanation is the core strength, reasonable administrative organs in administrative as, has the people's interests, and the punishment is reasonable, have no again continue to compromise and concessions. As to the mediation is likely to damage the public interests, so this kind of administrative behavior will no longer apply conciliation. (4) laws and regulations prohibited. If laws and regulations have been clear and specific provisions of the administrative organs in administrative action conditions, scope, method, scope, the administrative organ itself in entity and procedure, and in fact have no choice, no right, no right of disposition is completely lost the basis of the mediation, it is not applicable to the mediation. The laws and regulations have provisions, and certainly no mediation. (5) the nature of administrative relations decided not to mediation or mediation is not suitable. This is a soft stipulation, the purpose is to provide measures for the new situation in judicial practice. (five) the validity of administrative litigation mediation. This is the key to limited mediation mechanism of administrative litigation can effectively play its function. Also a very taboo topics, but it can't avoid. The author argues that this will continue to break certain theoretical limit, give the book and the judgment of mediation in administrative proceedings the same legal effect, and has the effect of enforcement. Because I believe that, if not, then the administrative litigation mediation can exist in name only, or even as administrative relative person take revenge tool. Because of the relatively weak, only as soon as possible to solve the problem, can maximum limit save litigation costs. If the administrative litigation mediation book no compulsion, administrative organs may be to delay the time, and after a long time of litigation and litigation after repeated, relative person is downhearted, moreover the relative people in a lawsuit has no means of relief. Even if there is, relative person and administrative organs have to pay some money, energy, causing an increase in social costs, which should be avoided. The most terrible thing is, if the action cannot finally solve the problem, it will cause people to lose confidence in the party and the government, causing social imbalance. We will damage the public interest the biggest. (six) the establishment of the administrative litigation mediation mechanism of supervision and restriction, mediation lawsuit on indeed damage the public interests shall be revoked. In order to prevent the administrative organ and the relative person unprincipled compromise, damage the public interests of the society, can be endowed with administrative organ at a higher level or by itself, can also learn from the civil public interest litigation gives its staff the retrial rights, strengthen the supervision of administrative litigation mediation, extend relief to the social public interest. The people's court can also be found on the wrong administrative litigation mediation in accordance with the procedure for trial supervision to start the retrial, and shall be revoked. Resolutely put an end to harm the public interest of the society to happen. Judicial conciliation or mediation is an important part of China's litigation system, is not only an important way for the people's courts driving jurisdiction, is rooted in our countryHistoryIn traditional culture and in the long-term judicial practice proved effective methods to solve the contradictions and disputes. In the construction ofSociologyA socialist harmonious society, the legislation to establish the way of limited administrative mediation mechanism, make it become the maintenance reformDevelopmentThe stability of the overall situation,Important measures to promote social harmony and stability, is the common voice of the judicial staff, legislators should conform to this trend, a limited mediation system in administrative litigation, mediation in litigation with the judge's power, the mediation activities legalization, standardization. And through mediation and trial, fast resolving administrative disputes, eliminate contradictions between officials and people, the effective protection of the citizens, legal persons and other organizations of the legitimate rights and interests, maintain and supervise administrative organs exercise their functions and powers according to law correctly, to build China into a highly civilized socialist country of rule of law.