论行政纠纷的调解解决——以《行政复议法实施条例》第50条为例

On the Mediation of Administrative Conflicts——With the 50th Article of Implementation Rules for the Administrative Reconsideration as an Example

2007年8月1日开始实施的《行政复议法实施条例》,首次在立法层面肯定了行政纠纷的调解解决制度,这一规定是针对我国转型期行政纠纷激增而做出的务实性反映,具有十分重要的现实意义。但同时,立法上的这种变革与我国传统行政法学理论并不一致,需要重新予以梳理,而且,该条例关于调解制度的规定也并非尽善尽美,仍有诸多地方亟待改进。

Implementation Rules for the Administrative Reconsideration taking effect on the Aug. 1st 2007, first affinned the system of mediation in the solution of administrative conflicts on the level of legislation and this ruling is a practical reaction against the dramatic increase of administrative conflicts during the transitional period of China, hence its important significance. While at the same time, this change in legislation does not conform to the traditional theory of administrative law and therefore needs to be recarded. Furthermore, some regulations concerning the system of mediation in this byelaw cannot be said to be perfect and there are many points on which further improvement is possible.