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诉讼调解作为我国诉讼制度的重要组成部分,是法院行使审判权的重要方式,在国外享有“东方经验”的美誉。但是我国行政诉讼的现状却是无调解制度,随着经济社会的发展,纠纷解决方式的多元化,无调解制度的弊端日益显露。而且我国在构建社会主义和谐社会和推进法治国家建设的背景下,理论和现实的需要也呼唤调解制度的确立。因此,有必要在基本原则指导下,确立行政诉讼调解制度,通过解决行政纠纷,督促行政机关依法行使职权从而更有效地保护公民、法人和其他组织的合法权益。
Litigation mediation, as an important part of China’s litigation system, is an important way for the courts to exercise judicial power and enjoys the reputation of “Oriental Experience” abroad. However, the current situation of administrative litigation in our country is a non-conciliation system. With the development of economy and society and the diversification of dispute resolution methods, the disadvantages of non-conciliation system have become increasingly apparent. And in the context of building a socialist harmonious society and promoting the construction of a country under the rule of law, our country needs the theory and reality to call for the establishment of a mediation system. Therefore, under the guidance of the basic principles, it is necessary to establish a mediation system of administrative litigation and solve the administrative disputes to urge the executive authorities to exercise their functions and powers in accordance with the law so as to protect the legitimate rights and interests of citizens, legal persons and other organizations more effectively.