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在行政诉讼中设立调解制度,理论和实务界都基本达成共识,但如何构建行政诉讼调解制度仍然认识不一。行政诉讼调解制度的构建,应当把握“合意和解”界定原则、当事人自愿原则、合法性审查原则、严格时限原则、相关制度保障原则。
Establishing a mediation system in administrative litigation has basically reached a consensus in both theory and practice circles, but how to construct a mediation system for administrative litigation still varies. The construction of mediation system of administrative litigation should grasp the definition principle of “consensus reconciliation”, the principle of voluntary parties, the principle of legality examination, the principle of strict time limit and the principle of system security.