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我国1990年实施的行政诉讼法规定行政案件不适用调解。调研发现,随着我国政府对公民权利保障的强调、民主法治理念的加强以及和谐社会理论的提出,有些行政案件在司法实践中运用调解方式更适合构建和谐社会的需要,这是我国的传统文化和新形势下行政案件发展的需要。湖北省部分法院在行政诉讼调解方面积累了一些经验,他们注重过程中的协调时机、协调方法因案而异。但由于缺乏法律上的依据,行政案件调解工作实质上处于“暗箱操作”状态,行政诉讼协调和解的实际作法受到了合法性质疑。有必要在行政诉讼法修改时确定行政诉讼和解制度。具体而言,要明确行政诉讼和解的原则,确定行政诉讼和解适用的条件,界清行政诉讼和解适用的范围。
Administrative Litigation Law of China, which was implemented in 1990, stipulates that administrative cases do not apply to mediation. The survey found that with the government’s emphasis on the protection of civil rights, the strengthening of the concept of democracy and the rule of law and the theory of a harmonious society, some administrative cases are more suitable for the need of building a harmonious society by using the mediation method in judicial practice. This is our traditional culture And the need for the development of administrative cases under the new situation. Some courts in Hubei Province have accumulated some experience in the mediation of administrative litigation. They pay attention to the timing of the coordination in the process and the methods of coordination vary from case to case. However, due to the lack of legal basis, mediation of administrative cases is essentially in a state of “black-box operation”, and the actual practice of reconciliation and reconciliation in administrative litigation has been questioned legally. It is necessary to determine the administrative litigation reconciliation system when the administrative procedure law is amended. Specifically, it is necessary to clarify the principle of reconciliation in administrative litigation, determine the conditions for the application of reconciliation in administrative litigation, and clarify the scope of application of reconciliation in administrative litigation.