行政法传统学说强调行政行为的公权性和不可处分性,因而在行政诉讼中排斥当事人之间的合意。但在审判实践中,人民法院却以“协调”的方式处理大量行政诉讼。缺乏制度制约和规范的法院调解,对于当事人的权益保障存在隐患。考察其他一些国家或地区的学说理论及行政诉讼实践,主张及实行行政诉讼调解则比较多。行政诉讼调解有其正当理由,引入低成本的调解制度,有利于解决行政诉讼实践中遇到的一系列难题,有助于建立良好的行政主体与相对人之间的关系及保护相对人的权益。 The traditional doctrine of administrative law emphasizes the public right and implacability of administrative act, thus rejecting the agreement between the parties in administrative litigation. However, in trial practice, people’s courts handle a large number of administrative litigation in a “coordinated” manner. Lack of system restriction and standard court mediation have hidden dangers for the parties’ rights and interests protection. In other countries and regions to study the doctrine theory and administrative litigation practice, advocacy and implementation of administrative litigation mediation is more. The mediation of administrative litigation has its justification and introduction of a low-cost mediation system is conducive to solving a series of problems encountered in the practice of administrative litigation, helping to establish a good relationship between administrative subjects and relatives and protecting the rights and interests of the counterparts .