关于行政诉讼是否适用调解,我国立法及最高人民法院的司法解释一直持否定态度。但在审判实践中,大量的行政案件是原、被告在法院的默许甚至动员下通过“案外和解”协商解决,取得案结事了的效果,行政审判的司法实践客观上已经突破了行政诉讼不适用调 With regard to whether administrative litigation is applicable to mediation, our country’s legislation and the judicial interpretation of the Supreme People’s Court have always held a negative attitude. However, in the trial practice, a large number of administrative cases are the original, the defendant’s acquiescence or even mobilization by the court through the “settlement outside the case” to solve through consultation, to obtain the effect of the case, the administrative trial of the judicial practice has objectively exceeded the administrative proceedings Applicable tune