实践、制度与理论:台湾乡镇市刑案调解范围之扩张

Practice,Regulation and Theory: On the Expansion of Mediation Handled by District Committee of Mediation in Taiwan

台湾乡镇市刑案调解的范围一直呈扩张态势,由此引发调解实践、调解制度与调解理论之间的紧张关系。乡镇市刑案调解的适应性来源于当事人和社会的强烈需求,法律设定的界限屡遭超越。乡镇市调解实践中反映出的从事实出发的思维,比从法律出发的思维更能彰显调解的灵活性特质。

The scope of district mediation in Taiwan has been expanding in recent years, resulting in the conflicts between practice, regulations and theories of mediation. The applicability of district mediation originates from the strong desire of the parties involved and society, boundaries delimited by law being often ignored. In practice, people can better avail themselves of its flexibility if mediation is handled in accordance with the facts rather than the law.