法院调解制度的型塑与重构

The Reconstruction of Court Mediation System

随着司法政策的调整,法院调解重新受到重视。在构建和谐社会的大背景下,调解的纠纷解决功能得到凸现与强化。法院调解的本质属性是合意,其法律基础是当事人享有的处分权。应当构建当事人自主性解纷机制,树立新的调解理念,建立审前调解制度和重建我国的诉讼和解制度。

With the adjustment of legislative policy,court mediation system is attached great importance again. Against the reconstruction of social harmony, the function of settling the dispute is strengthened. This article points out that the essence of court mediation is parties＇ consensus based on parties＇ right of disposing. Therefore we should reconstruct the mechanism of settling the dispute by parties, reform new concept of mediation, set up preparatory mediation and reorganize the lawsuit conciliation in China.