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行政诉讼撤诉是行政诉讼当事人对其与其他当事人之间的争议不再要求法院进行审理,而基于自己的诉讼权利所作的一种撤销所提之诉的行为。行政诉讼撤诉制度体现了当事人在诉讼中的处分自愿原则,也是新形势下解决行政争议的一项有效制度。在历史上,行政诉讼案件撤诉率经历了一个由高到低再大幅上升的发展过程,其背后反映着司法政策的变化,也隐含了中国不同时期法治行政的现状。
The withdrawal of administrative litigation is the act that the litigant of the administrative proceedings no longer claims the court to hear the dispute between him and the other parties and withdraws the lawsuit based on his litigation right. The system of withdrawal of administrative proceedings reflects the principle of the parties’ voluntary disposition in litigation and is also an effective system for resolving administrative disputes in the new situation. Historically, the withdrawal rate of administrative litigation cases has experienced a process of development from high to low, which reflects the changes of judicial policies and implies the current situation of the administration of the rule of law in different periods in China.