转型中的人民调解:三个悖论——兼评《人民调解法》

People's Mediation in Transformation:Three Contradictions——Review On The People's Mediation Law

尽管已有种种努力,但人民调解并没有真正走出低谷。《人民调解法》正是在这种背景下,带着振兴的使命而不完全是经验和成果出台。人民调解现代转型的根本在于破解三大症结以实现其相互平衡:国家化与非国家化、制度化与非制度化、专业化与非专业化。《人民调解法》在这几个方面有得有失。

People＇ mediation has not gotten through difficulties of declination despite of great efforts to revive it.With the mission of revival,the People＇s Mediation Law was enacted based partly on the experience of diverse explorations.However,the modern transformation of people＇s mediation depends fundamentally on the resolution and balance of the following three couples of contradictions,that is state dominance and social autonomy,institutionalization and noninstitutionalization,as well as professionalization and underprofessionalization.From this point of view,the People＇s Mediation Law has its merits and demerits.