The revised 2014 "Administrative Procedural Law" added "Solving Administrative Disputes" to the legislative purpose，and Article 60 of the Law established the principle of exceptional mediation in administrative lawsuits。In practice，Under the guidance of "substantial solving administrative disputes"，Some district courts together with the government at this level jointly set up the "Administrative Dispute Mediation Center"，On the basis of voluntary administrative disputes, a pre -mediation of the administrative case of the court to the court，I have achieved good legal and social effects。If the two courts in Wenzhou City, Zhejiang Province in 2018 have successfully mediate 940 administrative cases of first instance，mediation withdrawal rate reaches 39.1%，ranked first in the province ("People's Court News" May 26, 2019。Resolve administrative disputes through mediation，The legislative purpose of the "Administrative Procedure Law" is consistent。But，Administrative mediation as a system that resolves administrative disputes，Its function itself is limited，In the process of using it, there is a boundary problem of "energy" and "cannot"。If you are too pursuing "Removal Rate"，It will generate a systematic tension relationship within the administrative litigation system，to damage the overall legislative purpose of the administrative proceedings。

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Excessive emphasis on the "social effect" of administrative lawsuits or not saying "social effects" is one -sided。Bet365 app download So，Promote the legal effect and social effect of administrative litigation，It has become the leading judicial policy leading to administrative lawsuits。But，We must fully recognize，This judicial policy is not perfect。As the scholar said: "The two unified judicial policies pursued by Chinese justice make the judicial practice in the field of administrative litigation have a certain degree of substantial irrational color，The degree of rationality of the form is relatively low。Since this policy is a practice that the party and the government have encouraged for a long time，It shows obvious governance demands。This pursuit of the rationalization of formation with modern rule of law constitutes a powerful tension。”

The legal effect and social effects of the court pursuing administrative lawsuits in the trial of administrative cases，Its action logic will inevitably point to the mediation and settle case。Administrative disputes can be mediate according to law，This helps the substantial solution of administrative disputes。It cannot exceed its essential limit，Otherwise, it will go to the opposite side。The "Administrative Litigation Law" establishes the principle of exceptional mediation of administrative litigation，In essence, a number of non -trial institutional factors were added to administrative lawsuits。From the requirements of endogenous nations in the rule of law，The result of the various negatives that may be generated must be appropriately followed。In our country，The construction of the country in rule of law can be said to have just started，Before reaching the high "legalization" in various fields of the country and society，Just began to vigorously advocate the administrative litigation mediation of "de -legal"，Its negative Bet365 lotto review effects are unspeakable。We need the "Administrative Dispute Mediation" system，But if only "substantial solving administrative disputes" is used as the result orientation，Ignore the legality of the mediation process、legitimacy，and the negative impact of the right and wrong concepts on the future order of society and even the moral level，So，We may have a "breed melon" ending。

　Administrative dispute mediation and legality review

First，separation of prosecution。In administrative litigation，License request made for the plaintiff，Under the review of legitimacy，The referees in the court sometimes cannot "judge the same"。Such a referee obviously cannot "substantially resolve administrative disputes"。Under such circumstances，Can the court be medial by administrative disputes，What about "judging"? not necessarily。If the administrative behavior is compliant with the revocation condition，But in the "withdrawal will give national interests、Social public interests cause significant damage "，The court can only make a confirmation of the illegal judgment (but the effectiveness of the administrative behavior is still effective)。Although the court "at the same time ordered the defendant to take remedial measures at the same time;，Judgment of the defendant shall bear the liability for compensation according to law "，But for the plaintiff，It did not meet the litigation request it made。Under such circumstances，If you pass administrative dispute mediation，Withdrawal after meeting the plaintiff's claim，This may not meet the requirements of "legitimacy review"。

2，The defendant agrees to mediate。One of the premise of the mediation of administrative litigation is voluntary both parties。If the defendant believes that the administrative behavior is legal，Generally, it is impossible to agree bet365 Play online games to mediation。So，Usually，Only when the defendant realizes the administrative act that he has made may not be able to communicate with the court's legitimacy review。Under such circumstances，If both parties have successfully mediation in the court under the prescription of the court，So at least two questions should be questioned: First, how the defendant's administrative behavior is illegal, how to eliminate it under the "legitimate review"。Second is whether the conditions for the plaintiff's "litigation request" meet the requirements of "legitimacy review"。If it is compliant with the requirements of the legitimacy review，Why can't the court be solved directly by the judgment;，The "condition" of the plaintiff accepted mediation is how to evaluate the agency in accordance with the law of law。

The value pursued by administrative dispute mediation is "harmony is expensive"，More is to meet the requirements of moral norms。In the structure of the administrative dispute mediation system，"means -purpose" is its basic way。The value of the administrative dispute referee is "fixed scores and disputes"，More requirements for meeting legal norms。In the structure of the administrative dispute referee，"Essentials -Effect" is its basic way。If "means -purpose" replaces "requirements -effect"，So，The legitimacy of administrative dispute mediation、Questions of legitimacy will be presented in front of us。So，mediation of administrative disputes，Especially the behavior of the defendant in administrative dispute mediation，It should also be included in the "legitimacy review"，It should also be the meaning of the principle of exceptional mediation in administrative lawsuits。

　　Administrative dispute mediation and administrative referee

Administrative Litigation "Solving Administrative Disputes" is instead of the court for the court、A leader in the plaintiff bet365 live casino games and the litigation activity，It is better to say that it is a national governance strategy proposed by the national legislature。If administrative disputes can be solved through mediation，Look at the experience and logic of daily life，Most people are acceptable。Even from a professional perspective，It is also sure。"Practice proof，The mediation before the litigation is more important than the contradiction between reconciling the parties than the lawsuit than the lawsuit.，To a certain extent, it is closer to the fundamental purpose of the parties (especially the plaintiff of the administrative litigation)，Also solve the problem more effectively、The perspective of solving opposite emotions provides a better way to deal with it，Contradictions of Slow -release officers and people，A substantive solution to administrative disputes is important。"" But we must also see，"Although the mediation mode has many advantages in terms of dispute case resolution，It is difficult to form a stable knowledge system，Therefore, it is often a case and localization "。So，We still need to deal with the relationship between administrative dispute mediation and administrative referee。

Compared with mediation,，The court referee has at least a few functions: first，Fixed scores。Compared to mediation，It may only have "stop fighting"，There is no "fixed score"，That is, "more focused on reconciling the contradiction between the reconciliation of the parties, not just the right and wrong of the legal relationship"。So，Excessive mediation results are objective.。2，Provide a relatively individualized specification for future dispute solutions。This function is mainly implemented by the jurisprudence。The case based on the bet365 Play online games case，The abstract laws are relatively specific through the case of the case，Provides a more specific rule for the processing of similar cases in the future。So，"The main contribution of the court is for private、Negotiations and order generated in public places，Provide the background of specifications and programs。This contribution includes communication with the plaintiff in order to seek judicial solution，but not so。The court can not only pass the rules of the rules of the dispute，You can also pass on possible reliefs、Difficulties in achieving results、Information of certainty and cost "。third，Renewal of the method。The formulation method exists in loopholes，This is an unreal objective facts。When the judge encountered this situation in the trial case，It is impossible for him to wait for the legislature to make up for this vulnerability before making a referee。At this time，He must be based on finding the facts of the case，With the help of legislative purposes、Principles, etc.，Make up this legal loophole for the legislature through the reasons of the referee。In the "Guidance Case" released by the Supreme People's Court，There are many examples of this function.。In the face of the three major functions of the court referee mentioned above，This article just wants to emphasize one point here: relative to judicial referee，If the plaintiff's administrative lawsuit is rational，Sometimes he should be more likely to accept administrative disputes by mediation cases。But administrative dispute mediation is supplement，Look at the requirements of the country's long -term stability，Administrative referee is the right way to resolve administrative disputes。

　(The author is a professor at Guanghua Law School of Zhejiang University)