摘要
调解与审判合一,一直被认为是中国古代司法的优点。但正是因为调审合一有着明显弊端,我国古代司法向近代变迁时呈现出调解游离于审判之外的态势,这是利于依法治国及彻底解决纠纷的因素,值得我们在当代司法中借鉴。
The integration of mediation and trial has been regarded as a strong point in the justice system in ancient China. However, there is obvious disadvantage, which leads to the separation of mediation from trial in the transition of ancient justice to modem justice. The separation is helpful to rule of law and to complete settlement of disputes and thus it is worth using as reference in modem justice.
出处
《北京政法职业学院学报》
2007年第3期16-21,共6页
Journal of Beijing College of Politics and Law
关键词
调解
审判
合一
分离
思考
mediation
trial
integration
separation
consideration
