我国行政诉讼调解制度可行性的经济分析

Economic Analysis of the Feasibility of Our Country's Mediation System of Administrative Proceedings

我国现在仍处于发展初期,国力不强,可法资源有限,不能满足司法需求,这要求我们必须采取其他方式来现行行政纠纷解决方式的匮乏。在一些特定情况下,行政诉讼案件选择调解有其存在和适用的空间,针对我国现实情况,可以引入行政诉讼调解制度。既然行政诉讼调解有其存在的合理性,那么这种制度就不能被取消或限制,而只有通过克服调解制度的缺陷来完善和扩大行政诉讼调解的适用。

Our country is still at the early stage of development with not enough national power. Judicial resources are limited and cannot meet the judicial need ,which demands that we adopt other means to make up present resolution ways of administrative disputes. Under some particular condition, mediation can be adopted in the cases of administrative proceedings. Based on our present situation, we can introduce the mediation system of administrative proceedings. Since the mediation of administrative proceedings has its rationality, the system of mediation cannot be limited and called off. We should improve and expand the application of mediation of administrative proceedings by overcoming the defects of the mediation system.