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在社会经济迅猛发展的新时期,人们的物质生活水平不断提升,主体意识也在不断增强。政府工作定位在于执政为民,同民众的有效沟通视为促进行政职能的重要途径。这就需要保证政府与民众沟通的有效性,以此构建良性沟通机制,称为行政诉讼调解。简而言之,行政诉讼调解就是对政府与民众争议和纠纷的合理协调手段,对于推动我国社会的和谐化发展意义重大。行政诉讼调解因涉及到的领域相对广泛且复杂性较高,决定了其所具有着极强的理论与制度正当性,成为了辅助我国社会民主化实践的重要工具。本文将以此为出发点,从理论基础与制度构建的视角分析我国行政诉讼中的调解制度的构建。
In the new period of rapid social and economic development, people’s material living standards are constantly improving, and their subjective awareness is also constantly increasing. The government’s work orientation is that governing for the people, and effective communication with the people as an important way to promote administrative functions. This requires the government to ensure the effectiveness of communication with the public, in order to build a benign communication mechanism, known as administrative litigation mediation. In short, the mediation of administrative litigation is a reasonable means of coordination between the government and the people in disputes and disputes, which is of great significance in promoting the harmonious development of our society. Administrative litigation mediation involves a relatively wide range of areas and high complexity, which determines that it has a strong theoretical and institutional legitimacy, has become an important tool to assist China’s social democratization practice. This article will take this as a starting point, and analyzes the construction of mediation system in administrative litigation in our country from the perspective of theoretical foundation and system construction.