论人民调解依据的完善

Analysis on the Improvement of the Basis of People's Mediation

人民调解制度是我国的一项重要纠纷解决制度,但现行立法的抽象性、模糊性,使得调解过程中容易出现依据援引不规范的问题。而城乡二元结构的差异[1],也要求不能一概"依法而调"。从传统民间调解制度及西方ADR制度中的调解模式吸收合理因素,如博采广汲,完善人民调解依据;吸收传统民间纠纷调处机制的合理之处;从比较法视角借鉴各国调解依据之规定等来完善我国的人民调解依据,充分发挥人民调解的功能。

The system of the people＇s mediation is an important dispute resolution system in our country,but the current abstraction and fuzzy legislation may easily see the problem of on-standard references.And the difference between urban-ru-ral dual structure requires not just to mediate＂in accordance with the law＂.Absorbing the reasonable factors from the system of the traditional civil mediation and the model of the mediation in the ADR system in the West is a good manner to improve the basis of people＇s mediation as well as absorbing the reasonable elements of the traditional civil mediation mechanism.And from the perspective of comparative law,consummating the people＇s mediation in China according to the provisions of the mediation over the world will give full play to the function of the people＇s mediation.