试论我国行政诉讼中确立行政案件的协调和解机制

The Study about the System of Composition with Creditors of the Administrative Case in the Administrative Litigation of Our Country

在我国行政诉讼领域,由于一直强调"公权力不可处分",所以对行政案件的处理一般禁止适用协调和解的方式,但在审判实践中却出现了大量行政案件的原、被告双方在法院默许乃至动员下通过"互相协调"的方式解决争议的状况,这显然是同现行立法相矛盾的。为了解决立法和实践相脱节这一现实矛盾,在我国行政诉讼中正式确立行政案件的协调和解机制就显得十分必要。

In the administrative proceedings of our country, has been stressed because of ＂public authority can not be punished＂, So deal with administrative cases of the general prohibition applicable to the coordination of settlement. Practice in the trial, showed a substantial administration＇s original case, the defendant acquiesced in the courts as well as both sides mobilized through ＂coordinated＂ approach to resolve the controversial situation, it is obviously in contradiction with the current legislation. In order to solve the problem of legislative and practice detached from the reality of the contradictions in China＇s administrative litigation in administrative cases formally established mechanism for the coordination of reconciliation has become very necessary.