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行政诉讼调解制度是现代市场经济条件下诉讼理论和实践中一项重要的制度。我国的行政诉讼调解制度在理论研究和制度建设上均与发达国家或地区存在较大的差距,难以适应我国行政法治建设发展的需要。本文尝试对行政诉讼调解制度的原则、立法模式、范围、程序、限制、效力进行规划,从而找到解决我国行政诉讼调解制度的黄金分割线,这对于保障公民的合法权益,保证行政机关灵活高效地行使行政权具有重要意义。
Administrative litigation mediation system is an important system in the theory and practice of litigation in modern market economy. China’s administrative litigation mediation system in the theoretical research and system construction with the developed countries or regions there is a big gap between the difficult to adapt to China’s administrative rule of law construction and development needs. This article attempts to plan the principle, legislative mode, scope, procedure, restriction and effect of mediation system of administrative litigation so as to find the golden line for settling the administrative mediation system in our country. This is of great significance for ensuring the legitimate rights and interests of citizens and ensuring the flexible and efficient administration The exercise of executive power is of great significance.