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近年来行政争议日趋增多,已经成为我国社会矛盾解决的一大类型。行政争议的妥善解决与公民的切身利益、行政权的实施、社会稳定与和谐密切相关。在我国传统行政行为中,存在一味强调其强制性和借由单一方法来解决的问题,存在可能导致矛盾复杂化、很难做到案结事了的弊端。本文结合笔者自身实践,分析了行政争议和行政和解等相关概念,并结合其法律属性与特征,提出了行政和解的正当性基础,以期实现制度、理论和实践的良性互动,促进社会和谐。
The increasing number of administrative disputes in recent years has become a major type of social conflict resolution in our country. The proper settlement of administrative disputes is closely related to the vital interests of citizens, the implementation of administrative power, social stability and harmony. Among the traditional administrative acts in our country, there are problems of emphasizing their compulsion and being solved by a single method, which may lead to the complications of contradictions and difficulties in handling the case. Based on the author ’s own practice, this article analyzes the related concepts of administrative dispute and administrative reconciliation, and puts forward the proper foundation of administrative reconciliation in light of its legal attributes and features, in order to realize the benign interaction between system, theory and practice and promote social harmony.