论文部分内容阅读
1989年的《行政诉讼法》第50条明确规定:“人民法院审理行政案件,不适用调解。”这一行政诉讼中不适用调解的规定越来越受到学界的关注,目前学界对行政诉讼是否适用调解基本上有两种观点:一是否定说,即不主张调解的适用;二是肯定说,即可以用调解制度(有限的调解)。主张行政诉法不适用调解的规定是我国权力制约理论的渊源所在,是司法权制约行政权在法律层面的具体体现。
Article 50 of the Administrative Procedure Law of 1989 clearly stipulates that "the provisions of the Administrative Procedure Law that the People’s Courts do not apply for mediation in administrative litigation are more and more concerned by the academic circles, Suitability of litigation There are basically two versions of conciliation: one is to say no, that is, not to advocate the application of conciliation; and second, to be sure, to use a conciliation system (limited conciliation). It is the origin of our country’s theory of power restriction to advocate that administrative lawsuit does not apply to mediation, which is the embodiment of administrative power of judicial power in legal aspect.