民事诉讼调解中的若干问题

Several Problems in Mediating Civil Lawsuits

调解作为民事诉讼的一项重要制度,是在人民法院的主持下,在当事人自愿和互谅互让的基础上,就争议的民事权利义务问题达成协议,合情、合理、合法地解决民事争议的诉讼活动。应当说,长期的司法实践证明,调解制度有利于迅速解决民事纠纷;实现公正、效率的执行;节约诉讼资源。然而,这项制度已经暴露出许多现实问题,如地方保护;违反自愿、合法原则等。我们需要尽快完善民事诉讼调解程序,以更有效快捷地实现司法正义。

As an essential system of civil lawsuits, mediation is a kind of litigation activity that settles civil disputes fairly ,reasonably and rightfully directed by People＇s Court,based on the uneonstraint and mutual understanding as well as compromise of the parties concerned,to reach an agreement on the controversial civil problems of fights and responsibilities. Long- term judicial practice has proved that the mediation system is beneficial for resolving civil disputes rapidly, achieving just and efficient enforcement as well as saving litigation resources. However, many practical problems of this system have emerged, such as local protection, violation of the principle of unconstraint and legitimacy. Therefore, the mediation procedure of civil lawsuits needs to be perfected as soon as possible in order to achieve judicial justice effectively and rapidly.