试论我国行政诉讼调解制度的建构

尽管“行政诉讼不适用调解”已成为行政诉讼的特殊原则之一,在现实的行政审判中却存在着大量通过法院协调、调解结案的案件。由于没有法律和制度的规范,导致相对人利益的损害。通过行政诉讼不适用调解的原因分析和对他国和解制度的考察,在我国行政诉讼领域建构调解制度是具有可行性的。并由此探讨建立行政诉讼调解制度应遵循的原则,适用的范围和程序。

The Construction on the mediation System of Administrative Litigation in China

Although "the administrative litigation not applied to mediation" has become one of the special principles of the administrative litigation,actually there are many cases solved by negotiation or mediation through the court.The Administrative opposite parties may lose their rights because of the absence of legislation.Based on the analysis of "the administration litigation not applied to mediation" and the investigation of the settlement system in other countries,it's reasonable to construct the mediation system of administrative litigation in China.Furthermore,the related rules,procedures and applying scope will be studied.