行政诉讼和解入法的风险控制——以域外行政诉讼和解制度设计的比较分析为基点

在行政诉讼法中确立行政诉讼和解制度,是行政诉讼审判实践发展的客观需要。但是在我国行政诉讼不适用调解的原则下,修法构建和解制度,要特别注意改变现行体制所带来的风险问题。通过对大陆法系的德国、日本及其我国台湾地区行政和解制度的设置和运行的比较分析,冀为我国确立行政诉讼和解制度提供一定的借鉴经验。

The Risk Control of the Compromise in Administrative Litigation into Law: Based on the Comparative Analysis of the Overseas System Design of Compromise in Administrative Litigation

To establish the reconciliation system in the administrative litigation is the objective need of the practical development of the trial in the administrative litigation.But under the principle of the administrative litigation is not suitable to the reconciliation,changing the law to construct the reconciliation system must pay special attention to the problem of risk caused by changing the present system.Through the comparative analysis to the installation and operation of the reconciliation system in the administrative litigation in Germany and Japan which belong to continental legal system and Taiwan area in our country,the paper wish to provide some lessons and experiences for establishing the reconciliation system in the administrative litigation in China.