Comparative Study on Guarantee for the Efficiency of Administrative Litigation Mediation

Abstract

Currently, the administrative litigation mediation system lacks an efficiency guarantee mechanism, which directly affects the efficiency of administrative dispute mediation. In light of the systemic pursuit for a perfect match between mechanism establishment and system function, the administrative litigation mediation system of our country demands for a strong efficiency guarantee mechanism. For this purpose, we may learn from relevant systems and practical experiences of foreign countries and Taiwan, China, plus our own norm system and real practice to set up a practical guarantee mechanism of the administrative litigation mediation efficiency so as to tackle and eliminate negative phenomena such as difficult inception, lengthy mediation and hard solution, etc. In so doing, we can regulate such procedures as “initiating the parties involved’s rights and capacities”, “obligations to mediate among the parties involved”, “the mediation-trial coordination process”, “the times of mediation applicable for one single case”, etc., which will effectively fill up the loopholes of the existing norm system.