完整构建我国的行政诉讼调解制度

Fully Establish the Mediation System of Administrative Litigation in China

《中华人民共和国行政诉讼法》第50条规定:"人民法院审理行政案件,不适用调解。"在司法实践中,为了规避行政诉讼不适用调解的规定,法院出面由行政机关与原告"协商互让",或由被告改变原具体行政行为,原告申请撤诉获人民法院准许结案,从而导致了我国行政诉讼中的撤诉率一直居高不下。这表明,行政诉讼调解有实践需要且事实上存在。应当完整地构建我国行政诉讼调解制度,将调解结案作为法定的结案方式作出规定,赋予调解书与判决书同等的法律效力。

Article 50 of Administrative Procedure Law of the People＇ s Republic of China says： ＂ A people＇ s court shall not apply conciliation in trying an administrative case. ＂ In judicial practice, however, in order to avoid the legal regulation, some courts ＂help＂ both the administrative organ and the complainant settle disputes by making mutual accommodation, or, ＂allow＂ the defendant change the administrative behavior which leads the complainant applying for withdrawal actions sucessfully. Therefore, in our country, the withdrawal rate of administrative actions remains higher. It makes clear that conciliation is really in need, and in fact, exists, in administrative lawsuits. After researching the problem, the author thinks that： a mediation system in administrative litigation should be fully established in China. Conciliation ought to be affirmed lawfully as a way to wind up a case, and mediation document should has the same effect as written judgment.