论行政诉讼调解制度的要件、构架和基础

Elements,Structure and Foundation of Mediation System in Administrative Litigation

行政诉讼调解制度是已经被提上议事日程的行政诉讼法修改中考虑的问题之一。行政诉讼调解制度的具体构建必须解决调解的范围、调解的程序、调解与审判的关系、调解协议的效力、调解协议瑕疵及其救济等具体问题。同时,行政诉讼的价值以及法院在行政诉讼调解中的作用与义务,则是构建行政诉讼调解制度必须进一步思考的更为基本的问题。

Mediation in administrative litigation is one of the problems that need to be considered in the amendment of Administrative Litigation Law. There are still many specific problems which need to be resolved, such as the scope, the procedure, the legal relief of mediation, the relationship between mediation and judgment, and the effect/default of media- tion contract. In addition, the value of administrative litigation and the role and responsibility of court in mediation are the more basic questions that we must consider further in the construction of mediation system in administrative litigation.