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我国行政诉讼法禁止行政诉讼适用调解,但是审判实践中大量的行政诉讼案件是以案外和解的方式结案的,只不过最后是以撤诉的方式来掩盖和解的实质而已,由于没有法律上的统一规范,显得有些过于随意,不利于对行政相对人权益的保护,也容易使和解成为行政机关规避法律的工具。所以,为了维护法律的统一性和严肃性,更好的保护行政相对人的合法权益,促进行政机关依法行政,有必要在我国的行政诉讼法中引入行政诉讼和解制度,形成统一的法律规范,以期解决司法实践中现实与法律之间的矛盾。
However, in the trial practice, a large number of administrative litigation cases are closed by way of settlement outside the court. However, in the end, the substance of the settlement is covered by withdrawal of the lawsuit. Since there is no legal uniform standard , Appears to be somewhat arbitrary, is not conducive to the protection of the rights and interests of the administrative counterparts, but also easy to reconcile the administrative organs to become a tool to circumvent the law. Therefore, in order to safeguard the unity and seriousness of the law, protect the legitimate rights and interests of the relative people and promote the administration by law, it is necessary to introduce the system of administrative litigation reconciliation into administrative litigation law of our country to form a unified legal norms, With a view to resolving the contradiction between reality and law in judicial practice.