论行政案件协调机制的制度化建构

The Construction of Coordinating Mechanism of Administrative Cases

我国行政诉讼法在规定"人民法院审理行政案件,不适用调解"的同时,还规定了被告改变具体行政行为可以允许原告撤诉,为法院进行协调活动留下一定的空间。依法探索行政案件处理新机制,建立行政案件协调制度,已经提上了行政诉讼改革的议事日程。我国行政诉讼的理论与实践都表明了建立行政诉讼有限协调机制的必要性与可行性,域外的理论与制度也为我们提供了可资借鉴之处。我们需要从行政审判的现实出发,了解行政案件协调的现状,借鉴域外的理论与具体制度,建构我国行政案件的协调机制。

the administration procedural law has stipulated ＂when the people＇s court tries the administrative case, the mediation is not suitable. ＂At the same time, the law also has stipulated that when the defendant changes the concrete administrative action, it is allowed for the plaintiff to withdraw the suit, which carries on coordination for the court to leave behind the certain space. Exploring the new mechanism of the administrative case s＂ proceeding and establishing the system of the administrative case coordination has been already mentioned in the administrative proceedings reform agenda. Theory and the practice of the Chinese administrative procedures had all indicated the necessity and the feasibility of establishing the limited coordination in administrative proceedings, the foreign theory and system also provided possible model place for us. So, we need to consider the reality of the trials, understand the reality of the current situation of administrative cases coordination and learn from foreign theory and specific system, construct Chinese coordinating mechanism of administrative cases.