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在我国行政法理论中,以公权不可处分、行政行为法定性为由,在实定法中明确禁止对行政诉讼案件进行调解。根据行政诉讼法第五十条、第六十七条的规定,人民法院在审理行政诉讼案件中除行政赔偿案件外,不适用调解。行政诉讼排斥调解的立法本意是好的,要求行政机关依法行政,不得随意处分行政权,符合行政法治要求。然而,诉讼程序的设计应服从和服务于整个诉讼立法目的的需要。行政诉讼的目的是保护行政相对人的合法权益、维护和监督行政主体依法行使职权。否定协
In the theory of administrative law in our country, it is expressly forbidden to mediate the administrative lawsuit case on the ground that the public right can not be punished and the statutory character of the administrative act. According to the provisions of Article 50 and Article 67 of the Administrative Procedure Law, the people's court shall not apply mediation except in case of administrative compensation in the trial of administrative litigation. Administrative litigation exclusion conciliation of the legislative intention is good, requiring administrative organs to administer according to law, not arbitrary disposal of administrative power, in line with the requirements of administrative law. However, the design of litigation procedures should obey and serve the needs of the entire litigation legislation. The purpose of administrative litigation is to protect the legitimate rights and interests of the counterparts in the administration and to maintain and supervise the administrative bodies to exercise their functions and powers according to law. Negation Association