我国建立行政诉讼和解制度的正当性与必要性

Validity and Necessity About Our Country’s Establishing Administrative Lawsuit Reconciliation System

我国《行政诉讼法》排除采用调解与和解的方法,而司法实践中大量"撤诉"背后隐藏着法院的调解与当事人的和解,司法实践与立法背离,违反了法治原则。随着现代行政理论的发展,行政诉讼和解制度在我国已经具备了生成的基础。构建行政诉讼和解制度不论是对于完善我国行政诉讼理论,还是指导司法实践中都具有必要性。

The Administrative Lawsuit law of our country removes the method of mediation and reconciliation,but in the judicial practice massive lawsuit withdrawings hide the court’s mediation and litigant’s reconciliation. The deviation of judicial practice and legislation has violated the law principle. Along with development of modern administration theory,the administrative lawsuit reconciliation system has already had the survival foundation in our country.It is necessary not only to the construction of administrative lawsuit reconciliation system but to the instruction of judicial practice.