在行政诉讼中设立有限调解制度的思考

On Establishment of Limited Mediation System in the Administrative Proceedings

目前行政诉讼大量存在调解或变相调解之后结案的情况,这与《行政诉讼法》确立的行政权不得处分、行政诉讼不适用调解的原则形成矛盾和冲突。考虑到法的价值和行政诉讼之目的,结合司法实践中行政案件调解的情况,根据均衡和制衡的原则,应建立行政诉讼有限调解制度,以合法、自愿和有限为原则,对行政诉讼调解进行规制。

At present there are a large number of cases closed after mediation or covert mediation in administrative litigation, which conflicts with the provisions stipulated by administrative procedure law. Considering the value of the law and the purposes of administrative litigation, along with administrative mediation in the judicial practice, according to the equilibrium and balance principle, it is advanced that limited mediation system should be established to specify administrative litigation mediation system, and the principle abided by should be legal, voluntary and limited.