法院调解社会化的制度重构

Institutional Reconstruction towards Socialization of Judicial Mediation

民众参与司法调解是中国司法的关键问题。至于法院调解社会化的形式,道路选择仍是根本问题。制度重构的分析重心及切入点应是那些影响或支配制度构造、发展面向的思路与框架。在法院调解回归解纷机制属性之后,可将委托调解作为制度重构的主线,并坚持规范化、组织化发展面向。依循渐进式改革观,可选择从公权合作型委托调解迈向国家—社会互动型委托调解的制度重构"三阶段"说。

It＇s vital for the masses to participate in judicial mediation, as to chinese judicature, and the path of judicial mediation is also a fundamental issue. Frankly, the essential respects and the breakthrough points of institutional reconstruction should be ideals and frames which are dominating the structure and development of the system. Recognizing judicial mediation as one of dispute settlement mechanisms, we should fouce on court-entrusted mediation, and pay more attention to standardization and organization of it. Following the reformism of progressivity,the hypothesis named Three-Stage Development Strategy can be employed to make the court-entrusted mediation tranfromed from Public Powers＇ Cooperation to State-Society Interaction.