厚望与失落:我国人民调解制度反思

High Expectations and Loss:A Reflection on the Mediation System for the People in China

当前,我国民事诉讼法制基本的发展进路应是立足于中国司法发展阶段的现实,以实现诉讼程序现代化为基点;在制度设计时,兼顾人民调解的纠纷解决方式,而不能将其作为制度变革的核心或解决纠纷的主力军。为此首先应进一步推进我国民事诉讼程序公正的改革;同时,我国现有的呈扩大态势的人民调解组织也应回归宪法定位;而在人民调解组织之外,还应构建多元化的民间纠纷调解机构网络。

At present, the development of the Chinese civil litigation system is essentially based on the reality of the judicial stage of development, in order to achieve the modernization of proceedings. In the design of the system, how to resolve peoples dispute should be taken into consideration but not be used as the core to reform the system or the main force to settle disputes. Therefore, the fair reform of civil procedure should be further promoted first. In addition, the peoples mediation organizations which is being expanded at present should return to its Constitutional position. Finally, outside the peoples mediation organizations, a wide range of civil dispute resolution network of institutions should be established.