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《行政诉讼法》明确规定行政诉讼不适用和解,但近年来主张构建我国行政诉讼和解制度的呼声越来越高,实践中也存在着大量的案外和解。在这一背景下,从概念出发,结合我国行政诉讼的立法现状和司法实践,从必要性角度对构建行政诉讼和解制度进行论证,并提出自己的立法建议。
The Administrative Procedure Law clearly stipulates that administrative litigation does not apply to the settlement, but in recent years there has been a growing demand for building a system of reconciliation of administrative litigation in our country. There are also many cases of settlement outside the court in practice. Against this background, starting from the concept, combined with the legislative status quo and judicial practice of administrative litigation in our country, from the necessity of establishing a system of administrative litigation settlement argumentation and put forward their own legislative proposals.