《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。”正是依据这一规定,行政案件不适用调解作为一项重要原则得以确立。然而,行政审判实践中“变相调解”现象却一直没有停止过。如此高的调解率既缺乏法律依据,在形式上又违背法律的明确规定,这种情况显然不利于维护法院的司法权威和司法公正。因此,笔者认为,我们不能逃避事实,而是应当适应现代行政理念的发展,构建我国行政诉讼调解制度。 Article 50 of the Code of Administrative Procedure stipulates clearly: “People’s courts handle administrative cases and are not applicable to mediation.” It is precisely under this provision that administrative cases do not apply to mediation as an important principle. However, the phenomenon of “disguised mediation” in administrative trial practice has never stopped. Such a high mediation rate lacks both legal basis and formal violation of the law’s explicit stipulations, which obviously is not conducive to safeguarding the judicial authority and judicial impartiality of the court. Therefore, I believe that we can not evade the fact, but should adapt to the development of the concept of modern administration and construct the mediation system of administrative litigation in our country.