调审关系模式之分野与融合

The Separation and Integration of Mediation and Trial in Current Judicial System of China

调审分离是一种理想的以调解、审判来解决民事纠纷的司法形式。我国目前实行的调审合一模式,有悖科学的诉讼法理念与世界潮流,理应予以革新。通过赋予当事人选择权,依托于回避制度的运行,可将调审分离嵌入现行的调审合一模式之内,以最大限度的在现行法的框架下推行之。

The separation of mediation and trial is the ideal way to deal with those civil disputes by courts. The current relationship between mediation and trial in China is opposite to the scientific idealism of civil procedural law and the world-wide popular trend. Therefore, it is necessary to reform it by the way of offering those parties in civil suits the right to choose whether to separate or integrate. Through the operation of judicial avoidance system, it is therefore possible to realize the separation of mediation and trial in the legal frame of the blend of mediation and trial.