民事诉讼调解结案率实证研究

An Empirical Study on the Rate of Cases Settled by Mediation in Civil Procedure

实证研究发现,近年来无论一审、二审还是再审调解结案率都呈现曲折增长而非持续增长态势。无论一审、二审还是再审抑或婚姻家庭类案件、合同类案件还是权属侵权类案件,调解结案率一般都未超过60%。而且总体上看,一审调解结案率高于二审和再审,再审调解结案率高于二审,婚姻家庭类案件调解结案率高于合同类案件,合同类案件高于权属侵权类案件。当下中国法院调解结案率呈现如此面相,既是调解政策驱动、各法院领导重视程度不同所致,也有个案差异、案件性质不同等原因。这种"运动性"调解的负面效应在司法实践中越发凸显,未来中国应在深刻反思基础上理性对待和设计法院调解制度。

With the renaissance of mediation in China, the ultra--high rate of cases settled by court mediation in civil procedure appears on the headline of newspapers more and more frequently. Through the method of empirical study, we can find that the rate of cases settled by the way of mediation has shown winding growth rather than growing persistently no matter in the procedure of the first instance, the second instance or the retrial. At the same time, neither the rate of cases settled by mediation in the procedure of the first trial, the second trial and the retrial, nor the mediation rate of the cases on marriage and family, the cases regarding contract and the cases of torts is over 60% in general. And on the whole, the rate of cases settled by mediation in the first trial is higher than that in the second trial and in the retrial, and the rate in the retrial is higher than that in the second trial. In addition, the mediation rate of marriage and family cases is higher than that of contract cases, while the mediation rate of contract cases is higher than that of tort cases. In present China, the reasbn why the rate of cases settled by the method of court mediation presents this face is the drive of the mediation policy, the different importance attached to mediation by the leaders of different courts in different areas of China, the diversity of characteristics and nature of the handled cases, and so on. The negative effects of this kind of ＂movement＂ of mediation become more and more obvious in the judicial practice. In the future, China should handle the issue rationally and design the court mediation system on the basis of profound reflection.