当下,我国行政诉讼法理论和实践研究中,以法律明文规定行政案件不适用调解来堵杀行政诉讼和解制度建立的道路。但中国法律中并没有明文规定行政案件不能适用行政和解。行政诉讼和解制度的构建具有现实理论基础和可行性依据。 At present, in the study of the theory and practice of administrative litigation law in our country, it is stipulated by the law that administrative cases do not apply mediation to stop the path of the establishment of the administrative litigation settlement system. However, there is no explicit stipulation in administrative law that administrative cases can not be applied to administrative reconciliation. The establishment of the system of reconciliation in administrative litigation has realistic theoretical basis and feasibility basis.