法院调解制度之重构

On the Reconstruction of Law Court's Conciliation System

法院调解制度的重构应当是充分贯彻落实当事人自愿调解原则,改革调、审合一的体制,建立调解和审判适当分离的体制,即调解由准备法官在审前准备程序进行,主持调解的法官不能参加对调解无效案件的审判。

The reconstruction of law court's conciliation system should fully carry out the principles of party's willingness to conciliate,reform the system of merging of conciliation and trial,establish the proper separate system of them,that is,the conciliation should be carried out by preparatory judge prior to the trial,and the judge who is responsible for the conciliation should not participate in the trial,in which the conciliation is ineffective.