论“诉调对接机制”之正当性——基于江苏经验的思考

A Discussion of the Legitimacy of the Connection of Lawsuit and Intermediate Mechanism

诉调对接机制的确立与运行是社会效果、法律效果与政治效果有机统一的体现,也是实现社会公平正义的重要举措。马克斯·韦伯的正当性概念为诉调对接机制提供了理论支撑与价值基础。合法性是诉调对接机制的制度根基,规律性是诉调对接机制的合理性体现,道德性是诉调对接机制的内在要求。

The connection of lawsuit and intermediate mechanism is an effective way to reduce litigation, and to prevent and resolve social contradictions and disputes, as well as one of the main methods of innovating social management. Its establishment and operation represents an organic unity of social effects, legal effects and political effects, and an important measure of realizing social fairness and justice as well. Marx Webber＇s concept of legitimacy provides the theoretical support and value basis for the connection of lawsuit and intermediate mechanism. Legality is its systemic foundation, regularity is the embodiment of its rationality, and morality is its inner requirement.