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在我国行政诉讼领域,因“公权不可处分”等理论禁区的存在,除行政赔偿案件外,立法对行政诉讼调解予以明确禁止。然而随着现代行政与司法理念的变化,实务界要求设立行政诉讼调解制度的呼声日益高涨。当代中国,设立行政诉讼调解制度具有现实的必要性,有利于实现行政诉讼的立法目的,有利于更好地保障相对人的合法权益,有利于提高行政诉讼活动的效率,有利于更好地履行国际义务。
In the field of administrative litigation in our country, due to the existence of the theoretical restricted zone such as “the public power can not be disposed of”, the legislation prohibits the mediation of administrative litigation in addition to the administrative compensation cases. However, with the change of the concept of modern administration and judicature, there is a growing demand for the practice community to set up a mediation system of administrative litigation. In contemporary China, the establishment of a mediation system of administrative litigation has the realistic necessity, is conducive to the realization of the legislative purpose of administrative litigation, is conducive to better protection of the legitimate rights and interests of relatives, is conducive to improving the efficiency of administrative litigation activities, is conducive to better performance International obligations.