行政诉讼和解问题探讨

行政诉讼和解是原被告在人民法院主持下在庭审阶段就诉讼标的互谅互让达成合致以解决纠纷的诉讼制度。行政权在特定情形下的可处分性、解决纠纷的诉讼目的及行政法关系的发展趋势等为行政诉讼和解提供了理论依据。和解包括需自愿发起、适用范围有限、依照法定程序达成协议以及具有法律约束力等法律要件。在行政诉讼中确立和解制度需要修改行政诉讼法的相关内容

On Issue of Compromise in Administrative Litigation

Compromise in administrative litigation is a litigation system in which the parties compromise in the course of court trial under the charge of the court. The theoretical bases of compromise in administrative litigation include: the goal of litigation, the tendency of development of administrative legal relations etc. There are several conditions for compromise: voluntariness, limit of its scope, compromise agreement in accordance with legal procedures and the legal force of the compromise agreement. Relevant contents in Administrative Litigation Law should be revised to establish the system of compromise in administrative litigation.