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依据传统的行政法学观点和现实的行政诉讼法的规定,我国行政诉讼实践一直拒绝调解制度的适用。然而,这并不有利于现实社会纠纷的解决和相对人权益的保护。在有限的范围内构建行政诉讼调解制度不仅有利于行政纠纷的解决,也符合我国的司法实践的现状。本文对这一问题展开论述,以期对我国行政诉讼制度的进一步发展有所贡献。
According to the traditional viewpoints of administrative law and the provisions of the Administrative Procedure Law, the practice of administrative litigation in our country has always rejected the application of the mediation system. However, this is not conducive to the settlement of social conflicts and the protection of the rights and interests of relatives. Establishing a mediation system of administrative litigation within a limited scope is not only conducive to the settlement of administrative disputes, but also to the current situation of judicial practice in our country. This article discusses this issue, with a view to making a contribution to the further development of China’s administrative litigation system.