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行政诉讼的协调和解机制具有极强的纠纷化解功能,符合目前所倡导的和谐社会的要求,并且该协调和解机制切实保障着国计民生,充分展现了合作精神,但是,另一方面,也有人认为行政诉讼的协调和解机制与现行行政法所规定的审理行政案件不得适用调解的规定相冲突,是不合法的,基于该冲突,行政诉讼的协调和解机制成为目前实务界以及理论界都非常关注的一个话题。笔者认为从立法精神来看,该调解机制仍是可取的,并且笔者认为应分别从确立协调和解制度、进一步明确自愿合法原则作为协调机制的基本原则、设定合理的调解范围,最终实现构建行政诉讼的协调和解机制的和谐局面。
The mechanism of reconciliation and reconciliation in administrative litigation has extremely strong functions of dispute resolution and compliance with the requirements of a harmonious society so far advocated. The coordination and reconciliation mechanism effectively protects the livelihood of the people and the economy and fully demonstrates the spirit of cooperation. However, on the other hand, some people think that administration It is not legal for the lawsuit reconciliation and reconciliation system to conflict with the stipulation that administrative cases should not be applicable to mediation as stipulated in the current administrative law. Based on this conflict, the reconciliation and reconciliation mechanism of administrative lawsuits has become one of the most concerned issues in practice and theoretic circles topic. The author believes that from a legislative perspective, the mediation mechanism is still desirable, and I believe that should be from the establishment of coordination and reconciliation system, to further clarify the principle of voluntary and legitimate as the basic principles of coordination mechanism, set reasonable scope of mediation, and ultimately the building of administrative Coordination of litigation reconciliation mechanism of the harmonious situation.