Title: Administrative Litigation in the New Era: Dilemma and Solution
Abstract: China's Administrative Litigation Law stipulates that mediation is not applicable in the handling of administrative cases by the People's Court.The original intention of this institutional design was to restrict the willfulness of administrative organs in the use of their administrative power in the litigation proceedings.In fact,mediation conducted in the process of administrative litigation is aimed at handling the rights of litigants,not accommodating the administrative power.While an institution of mediation in administrative litigation is necessary out of a practical concern over efficiency in the handling of administrative dispute,in view of the specific characteristics of administrative litigation,the practice of mediation must be put under strict supervision both in procedure and in essence.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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