调解,行政赔偿立法之失误

MEDIATION ——A FAULT IN LEGISLATION OF ADMINISTRATION COMPENSATION

调解是我国一项特有的法律制度 ,在我国民事诉讼中起到了很好的作用 ,我国行政诉讼法规定“行政赔偿诉讼可以适用调解” ,文章就该立法规定之失误作了探讨。

Mediation is a legal system characteristic of China and its has played a positive role in cases of civil lawsuit. However, it is stipulated in “The Law of Administration Lawsuit” in China that “mediation can be applied in cases of administration compensation lawsuit”. This paper discusses and analyzes the fault in this stipulation of legislation.