行政诉讼和解适用范围探析

行政诉讼案件除行政赔偿外一律不得进行调解,但目前行政诉讼中原告在被告改变具体行政行为的情况下自行撤诉,在法院的调解下,双方达成和解,解决了行政争端,这实质就是一种变相的调解。鉴于实务中存在滥用和解制度的倾向,厘清哪些类型的案件可以适用行政诉讼和解制度的探讨就非常必要。对于行政案件类型化的探讨也可以使法院在审判实务中有更加明确的参考标准。

Analysis on Applicable Scope of Administrative Proceedings Reconciliation

Administrative litigation cases cannot be mediated except administrative compensation. At present, howev- er, the plaintiff can withdraw an accusation voluntarily in current administrative litigation when the defendant chan- ges his specific administrative action ; under the mediation of the court, the two sides reach a settlement and solve the administrative dispute. Actually this is a disguised form of regulation. Considering that there is a tendency to abuse the settlement system in practice, it is very necessary to clarify what types of cases can be applied to the system of administrative proceedings reconciliation. The discussion on the types of administrative cases can also provide more explicit reference standards for courts in the trial practice.