行政诉讼中“和解协议”制度分析——制度比较和构建的视角

Analysis of "Compromise Agreement" System in Administrative Litigation: From Perspectives of Systems Comparison and System Design

行政诉讼和解的目的在于节省司法资源,尽快结束诉讼,这符合构建和谐诉讼的理念。和解协议在性质上既具有行政法上的性质,又具有诉讼法上的性质。经确认的和解协议具有与生效判决相同的效力。当和解协议存在瑕疵时,结合我国行政诉讼法的立法现状,通过再审来启动救济程序。

Compromise in administrative litigation aims to save judicial resources and to settle a lawsuit as soon as possible. This conforms to the idea of settling lawsuits in a harmonious way. The compromise agreement has the nature of both administrative law and procedural law. A confirmed compromise agreement has the same binding force as an effective judgment. When a compromise agreement has slight defects, we should start remedy procedure through retrial on basis of our current legislation of administration litigation law.