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行政诉讼协调和解作为一项探索性工作,在司法实践中很有生命力,但也存在一些问题:缺乏独立程序价值地位,片面追求“案结事了”的价值功能,某些规定有违正当程序原则。构建行政诉讼协调和解机制的理念基础是:明确行政诉讼协调和解内涵,赋予其独立诉讼程序地位,衡平纠纷解决与权力监督之间关系,借鉴域内外立法经验。具体规则设计应从以下几方面考虑:行政协调的原则、模式、范围、结案方式及救济途径;最终还需立法支持。
Reconciliation of administrative litigation as an exploratory work is very vitality in judicial practice, but there are also some problems: the lack of independent procedural value position, the one-sided pursuit of the value function of “case ends”, some of which violate the provisions Due process principle. The idea of building a reconciliation system of administrative litigation is based on the following aspects: clarifying the connotation of reconciliation in administrative litigation, giving it the status of independent litigation procedure, balancing the relationship between dispute resolution and power supervision, and drawing on the legislative experience both at home and abroad. Specific rules should be designed from the following aspects: the principles of administrative coordination, model, scope, approach and relief approach; the final need for legislative support.