论人民调解与诉讼之互补关系

Complementary Relationship Between People's Mediation and Litigation

诉讼所面临的困境促使人们重新探求多元化纠纷解决机制,而不再试图以司法尽可能地取代其他纠纷解决方式。人民调解通过自身的特点和优势,对诉讼审判制度补偏救弊、分担压力和补充替代,减少纠纷解决的成本和代价,但同时它自身也还存在许多内在的固有弊端。笔者对人民调解和诉讼作综合性、比较性的功能分析,从纠纷解决过程阐明诉讼与人民调解的互动和互补关系。

The difficult aspects of litigation cause people to look again for diverse dispute resolution mechanisms. People are now trying judicial litigation as less as possible. Instead, they are using other modes for dispute resolution. Although People＇s mediation has its own inherent disadvantages, it reduces litigation cost and so can be regarded as a complementary or an alternative to shoulder part of the pressure from so many litigations and to ＂remedy defects and rectify errors＂ of the trial system. The authors make a comparative and functional analysis of people＇s mediation and litigation in a comprehensive way and, based on the process of dispute resolution, expound the interactive and complementary relations between litigation and people＇s mediation.