论如何构建我国行政诉讼和解制度

《行政诉讼法》明文规定人民法院审理行政案件不适用调解,但实践中的高撤诉率却从另一种意义上规避了这一法律规定。要更好地解决这种矛盾冲突,就需要在法律上设计一种行政诉讼和解制度去弥补无依据的实践。从传统法律文化成因、传统理论的质疑、调解与和解的比较等角度进行分析,可以发现解决行政诉讼和解的必要性与可行性,从而构建出一套行之有效的行政诉讼和解制度。

On Administrative Litigation Conciliation

Administrative Procedure Law clearly regulates that conciliation does not apply to handling the administrative case in the people's court, but in another sense the high rate of lawsuit dropping in practice shows that the legal provision has been ignored. In order to solve the contradiction well, we must se up a kind of administrative litigation conciliation system accord with practice. If making an analysis from such perspectives as the cultural causes for the traditional laws, the query of the traditional theories and the comparison of mediation and conciliation, we can find the necessity and feasibility of conciliation applying to administrative litigations. Then an effective administrative litigation conciliation system can be established.