行政诉讼中的调解:西方的经验与中国的选择

行政诉讼案件能否调解、如何调解,近年来在国内一直争论不休。西方法学界也存在着同样的争议。同时,西方的法院系统已经做了不少有益的尝试,并积累了一定的经验。西方主要国家在行政诉讼中引入调解有不同的路径,这些调解实践反映出了一些西方的经验。中国的调解制度存在于特殊的行政诉讼和法治背景之下,调解可能给行政诉讼带来特殊危险,对此应当设计相应的对策,以便做出选择。*

Mediation in Administrative Litigation: Experience of the West and Choices of China

In recent years, whether administrative litigations can be mediated and how to do touches off disputations in China, as well as in the West. Meanwhile, many attempts have been done and much experience has been accumulated by the western court system. In different ways they introduce mediation into administrative litigations, which reflect their separate experience. However, the mediation system in China is under unique legal environment which may bring risk to administrative litigations. Therefore, corresponding countermeasures should be designed to make appropriate choices.