论行政诉讼中的调解——兼与朱新力教授商榷

当前,我国行政诉讼司法实践中广泛存在法院调解现象,这与《行政诉讼法》禁止调解的规定形成冲突。实践表明,在行政诉讼中适用调解具有一定的合理性。《行政诉讼法》应当适时加以修改,确立有条件适用调解的原则,同时明确规定调解适用的原则和范围。

On the Mediation in Administrative Proceedings

Mediation between the two parties is strictly prohibited by Administrative Litigation Law of the People's Republic of China. However, it often exists in practice, which means critical conflicts between the law and the practice. It is necessary to amend the Administrative Litigation Law since mediation is a reasonable way to solve administrative disputes. In detail, principle of mediating with certain conditions should be established; the principle and the extent of mediation should be prescribed in Administrative Litigation Law.