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在我国行政诉讼领域,“公权力不可处分”是大家公认的,也由此产生了“行政诉讼不可调解的”特有原则之一。然而,在我国司法实践中却大量存在法院调解现象,这与《行政诉讼法》禁止调解的规定形成冲突。但在理论上,行政诉讼不适用调解也存在着误区,这也表明我国有建立行政诉讼调解制度的必要。因此,我们应该积极探索研究,构建一套适用于行政诉讼的调解制度,以节约诉讼资源,提高司法效率,更好的保障行政相对人的合法权益。
In the field of administrative litigation in our country, “public power can not be punished” is generally acknowledged, and one of the unique principles of “administrative mediation can not be reconciled” arises. However, there is a large number of court mediations in our judicial practice, which conflicts with the Prohibition of Mediation in the Administrative Procedure Law. However, theoretically, administrative proceedings do not apply to mediation, there are also misunderstandings, which also shows that our country has the need to establish administrative mediation system. Therefore, we should actively explore and construct a set of conciliation system applicable to administrative litigation in order to save litigation resources, improve judicial efficiency and better protect the legitimate rights and interests of the administrative counterparts.