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针对我国行政案件撤诉率居高不下的情况,近年来各级各地法院在行政审判实践中创新思维,积极探索行政诉讼的和解制度。但这一制度在我国还面临着立法上的缺失。现代立法者为了完善本国法律制度,都会用比较的方法对本国和域外之间法律进行考察。本文指出域外行政诉讼和解制度的成功理论与实践经验会为我国建立完善这一制度提供诸多启示。
In view of the high withdrawal rate of administrative cases in our country, in recent years courts at all levels around the country have innovated their thinking in administrative trial practice and actively explored the system of reconciliation in administrative litigation. However, this system is still facing a lack of legislation in our country. In order to improve their own legal system, modern legislators use a comparative method to examine the laws between their own country and those outside the territory. This paper points out that the successful theoretical and practical experience of the system of reconciliation of administrative litigation outside the domain will provide much enlightenment for our country to establish and perfect this system.