我国法院调解制度的反思与改革

Rethinking and Reform of Chinese Court Conciliation

通过对我国法院偏调解的历史成因考察,揭示法院调解制度的现状与存在的问题,提出以诉讼和解取代法院调解,建立诉讼外调解为主的多种非诉化纠纷解决方式,改革法院调解制度的构想。

By viewing the historic reason that Chinese courts prefer conciliation, this article discusses the present situation and problems of the institution of court conciliation. On the basis of them, it establishes many kinds of dispute settlements out of court by the way of putting forward procedural compromise rather than court conciliation, so as to reform the institution of court conciliation.