论文部分内容阅读
在当前的《行政诉讼法》修改意见中,引入调解的审判和结案方式似乎成了主流思想。然而,在司法实践中,“调解型”审判却带来了诸多弊端,“调解型”审判本身也成为了改革的对象。与其引入调解方式,还不如固守和回归立法的本意,继续沿用既有的规定:在行政诉讼中排斥适用调解原则。
In the current Opinions on Amendments to the Code of Administrative Procedure, the introduction of the methods of trial and conclusion of mediation seems to be the mainstream. However, in judicial practice, trials of “mediation” have brought about many drawbacks. “The mediation” trial itself has also become the object of reform. Instead of introducing a mediation approach, it is not as good as sticking to and returning to the original intention of legislation and continuing to follow the existing stipulations: the principle of mediation should be excluded from administrative litigation.