行政诉讼撤诉制度的发展路径——以民事诉讼撤诉制度为比较

针对行政诉讼案件判决结案而发生执行难的困境,丰富行政诉讼案件的结案方式势在必行。行政诉讼案件具有特殊性,无法引入调解等方式结案,此文在对民事诉讼相关制度的比较研究基础上,提出了能产生与调解相似效果的撤诉制度。而实用主义是该制度在行政诉讼中构建的理论依据。

The Development of nolle prosequi of Administrative Procedures and Their Civil Counterpart

The difficulty of enforcement as initiated by the judgment,settlement of administrative lawsuits calls for the enrichment of settlement methods of the administrative.In view of the special nature of the administrative lawsuits,mediation and other methods cannot be introduced.Based on the comparative study in civil cases,reasonable construction of the withdrawn system should be adopted whose effect is similar to mediation.And pragmatism is the effective way for system construct in the administrative procedur...