人民法院委托行业协会调解金融纠纷的实践及其规制

The practice and its regulation of people's court entrusted mediation by industry association

人民法院委托行业协会调解制度是努力构建多元化纠纷解决机制背景下出现的一种新型委托调解方式,该制度是一项借助行业知识对金融纠纷进行调处的模式。然而制度运行过程中出现自觉适用率低、适用范围过窄、成功率不高等障碍,导致问题产生的原因可归结为审理范围与委托范围之间存在冲突等三方面,必须通过厘定可委托调解案件范围的界限、适用辨清事实和司法审查相结合的辅助制度、加强培训及增加激励等举措完善该项制度,以凸显人民法院委托行业协会调解制度本身所具备的正当性价值。

The people＇s court mediation system by industry association is a new way of entrusted mediation under the background of constructing the multiplex dispute settlement mechanism, a dispute processing mode coping financial disputes with industry knowledge. However, during the system operation process there are some obstacles such as the applicable rate is low, the scope of application is narrow and successful rate is not high. The reason can be summed up to three aspects including the conflict between trial and entrust scope. Therefore we must determine the boundaries of entrusted cases＇ scope, apply the auxiliary system combined with figuring out facts and reviewing judicial force, aggravate the training and increase the incentive, by perfecting the system in order to highlight the legitimacy value of the people＇s court mediation system by industry association.