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根据《最高人民法院关于贯彻执行<中华人民共和国行政诉讼法>若干问题的意见(试行)》第6条规定,行政机关居间对公民、法人或者其他组织之间以及他们相互之间的民事权益争议作调解处理,当事人不服向人民法院起诉的,人民法院不作为行政案件受理。这一规定,不论在法学界,还是在司法界,已经成为共识。在审判实践中,对不服行政调解起诉的,人民法院也一概不予受理。但从审查中发现,有的行政机关在调解民事或行政争议时,调解协议是采取强迫、欺骗等违法手段达成的,直接损害了有的公民、法人或其他组织的权益,当事人对这种违法行政调解不服或反悔的,起诉后人民法院是否应当受理?目前在立法和法律解释上,尚无定论。本文就此问题作一探讨。
According to Article 6 of the Opinions of the Supreme People’s Court on Some Issues Concerning the Implementation of the Administrative Procedure Law of the People’s Republic of China (for Trial Implementation), the dispute between the executive authorities on the civil rights of citizens, legal persons or other organizations and between them For mediation, the parties refuse to submit to the people’s court for prosecution, the people’s court does not accept as an administrative case. This provision has become a consensus both in law circles and in the judiciary. In trial practice, the people’s court will not accept any suit against the prosecution of administrative mediation. However, from the review, it was found that when some administrative organs mediate civil or administrative disputes, the mediation agreement is reached through illegal means such as coercion and deception. It directly damages the rights and interests of some citizens, legal persons or other organizations. If the administrative mediation refuses to accept or regret it, whether the people’s court should accept the case after the prosecution? At present, there is no conclusion as to the legislative and legal explanations. This article on this issue for a discussion.