我国诉讼调解制度改革探析

On the Reform of China's Mediation System

调解在我国具有悠久的历史传统,而诉讼调解制度在司法实践中更具有重要的价值,随着我国法治建设的深入,诉讼调解制度越来越暴露出诸多弊端,如调解程序的相对任意性与审判程序的规范性明显存在冲突,法官既是调解者又是审判者,对最终纠纷的解决可能产生不利的影响等等。为此,必须进一步规范诉讼调解程序,通过建立调审分离的立法模式,明确诉讼调解的自愿合法原则,使我国的诉讼调解制度能够符合依法治国的基本要求,推动构建社会主义和谐社会的进程。

Mediation has a long history in China and the mediation has a great value in China＇ s judiciary practice. But with the development of the rule of law in China, abuses of the system arise, such as the arbitrary mediation procedure conflicting with the standard trial procedure in the process of lawsuit, and the judge acting as a mediator as well as an arbitrator, thus affecting the settling of dissensions. Therefore it is necessary to standardize the mediation procedure so that China＇ s mediation system can satisfy the basic needs of rule of law and boost the construction of a socialist harmonious society by separating mediation from trial in legislation and establishing the principle of no forced mediation.