试论我国民事诉讼和解制度的完善

Brief Comment on Improvement of Reconciliation System of China's Civil Procedural Law

面临现代社会纠纷多元化的趋势,纠纷解决方式也呈现出多元化。在民事纠纷解决中,和解和调解是最经常使用的方式。在我国当代民事司法改革中,学理上更多地关注法院调解,诉讼和解制度在立法上一直被轻视,现行民事诉讼法也尚未构建完整的诉讼和解制度。基于此,深化诉讼和解的理论研究,根据我国实际借鉴国外相关立法司法经验对我国诉讼和解进行构建和完善,使其形成一套实用的纠纷解决机制,显得尤为重要。

In face of the tendency of diversified modern social disputes, various resolutions to the disputes have been reached. On civil dispute settlement, reconciliation and mediation are the most frequently used methods. During our country＇s contemporary civil judicial reform, more attention has been paid to court mediation from academic perspective, although the litigation reconciliation system in legislation has been neglected and the present Civil Procedural Law of our country has not yet shaped into a complete system. In view of this situation, deepening the study of the theory of litigation reconciliation based on the actual conditions of our country, learning from the legislative judicial experience of foreign countries to improve our reconciliation system and establishing a set of practical dispute resolution system are of particular importance.