民事诉讼中法院调解结案与判决结案的协调

On the Coordination of Settling a Case by the Mediation of Court and that by Judgment in Civil Action

民事诉讼中法院调解制度在我国有着优良的传统和深厚的历史背景,并因其独特的优势得到了司法工作者的偏爱。然而,现行司法实务中,调解结案的方式已经过分白热化,给判决结案造成了消极影响。如何从诉讼法的角度正确认识调解的社会本质,并在实践中正确把握两者的平衡度,应是司法实践中研究的重点所在。

China＇s court mediation system has a long history and good traditions. It has won juridical practioners＇preference due to its unique advantages. In reality, however, the methods of mediation have become too White - hot and brought negative affects on the judgment of cases. It should be the focus of the studies in judicial practice that how to correctly understand the social nature of mediation from the angle of procedural law as well as how to keep them balanceable.