The high ratio of the withdrawal of the suit, the problem of disobeying trail time limit and the difficulty of enforcement in the justice practice are all oppugnations to the ban on mediation in administrative litigation; in the same time, the theory of administration of service and the theory of cooperating supply the theoretic gists 司法实践中的行政案件撤诉率居高不下、超审限与执行难问题都是对行政诉讼禁止调解之规定的质疑;服务行政理论、“合作论”等现代行政法学理论为调解制度的建立提供了理论依据。