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近年来,为妥善化解行政争议,促进公民、法人或者其他组织与行政机关相互理解沟通,维护社会和谐稳定,全国各级法院积极探索运用协调、和解方式解决行政争议。总体上看,法院运用非诉方式解决行政争议的做法取得了较好的社会效果,赢得了公众和社会的认可。但也有人担心,普遍运用协调、和解方式解决行政争议、与行政诉讼法规定的合法性审查原则不完全一致,也与行政诉讼的功能与作用不完全相符。随着社会和经济发展是否应该建立行政诉讼调解制度值得商榷。
In recent years, in order to properly resolve administrative disputes, promote mutual understanding and communication between citizens, legal persons or other organizations and administrative agencies and maintain social harmony and stability, courts at all levels across the country have actively explored the application of coordination and reconciliation to resolve administrative disputes. On the whole, the court’s use of non-litigation to resolve administrative disputes has achieved good social effects and won the public and social recognition. However, some people are worried that the widespread application of coordination and reconciliation to resolve administrative disputes is not entirely consistent with the principle of legality examination as stipulated in the Administrative Litigation Law, and does not exactly match the function and role of administrative litigation. With the social and economic development should establish an administrative litigation mediation system is debatable.