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我国《行政诉讼法》排除采用调解与和解的方法,而司法实践中大量“撤诉”背后隐藏着法院的调解与当事人的和解,司法实践与立法背离,违反了法治原则。随着现代行政理论的发展,行政诉讼和解制度在我国已经具备了生成的基础。构建行政诉讼和解制度不论是对于完善我国行政诉讼理论,还是指导司法实践中都具有必要性。
The Administrative Procedure Law in our country ruled out the method of mediation and reconciliation. However, in the judicial practice, a large number of “withdrawal petitions” hidden behind the mediation of the court and the parties, the judicial practice departed from the legislation and violated the rule of law. With the development of modern administrative theory, the system of reconciliation of administrative litigation has already formed the foundation for our country. Constructing the system of reconciliation of administrative litigation is necessary both for improving the theory of administrative litigation in our country and for guiding the judicial practice.