我国《行政诉讼法》明确规定:人民法院审理行政案件,不适用调解。这一制度设计的初衷是限制行政机关随意处分行政职权。实际上,行政机关在行政诉讼过程中实现调解只是对诉权的处分,而不是对行政职权的处分,又基于有效解决纠纷的现实考量,建立行政诉讼调解制度是必要的;同时,行政诉讼有其自身的特殊性,调解必须在程序和实体上受到严格的规制。 China’s “Administrative Procedure Law” clearly stipulates: People’s Courts handling administrative cases do not apply mediation. The original intention of this system was to restrict the administrative authority from disposing of administrative authority at will. In fact, the administrative organ mediates in the process of administrative litigation just to dispose of the litigation right, not to dispose of the administrative power, and to establish the mediation system of the administrative litigation based on the actual consideration of the effective solution to the dispute. At the same time, the administrative litigation has its own Owing to its particularity, mediation must be strictly regulated in procedures and entities.