论中国传统情理审判中的调处和息

A Study on the Mediation in China Traditional Trial Based on Reason

在中国古代司法审判过程中,调处和息是化解纠纷、缓和矛盾的重要手段。调处和息在中国具有相当久远的历史,早在西周时即有专门官员从事民间纠纷的调处,此后日益完善,形成了一整套系统规范的调处体系。对调处主体、调处客体、调处依据、调处手段和调处程序等多个方面进行分析和研究,可以发现中国古代司法审判中的调处和息深刻体现了传统诉讼文化的特质,深受司法官吏的高度重视与普通民众的极大信赖。

In order to get harmony and substantial justice in China traditional trial, the judges usually made their decisions based on reason. As one of the best ways to settle all kinds of disputes, mediation has been paid great attention in this course. Mediation has a quite long history in China. There were special officials engaged in civil disputes in West Zhou, after that, the system of mediation was improved gradually which can be made a study through the subjects, objects, basis, methods and procedures.