我国家事案件调解前置的制度构建研究

Research on the Family Cases Pre-litigation Mediation System

我国从2016年试点家事案件调解前置以来,各试点法院都在积极地推进调解程序,但是做法不一,实践中还存在调解前置的案件范围不明、调解组织混乱、程序衔接不足等诸多问题。因而,基于实际需要,我国应当尽快建构与完善家事案件调解前置制度,明确家事调解的范围,统一调解组织,科学设计家事调解与审判的衔接,实现家事案件的平稳、妥善解决。

Since China launched a pilot program concerning family cases pre-litigation mediation, all levels of courts involved have actively promoted the mediation procedure, yet the results are varied. In practice, there are problems that the scope of cases appropriate for mediation is not clear, the mediation is ill-organized, and the procedures lack coordination. Therefore, based on the actual need, China should improve the system of family cases pre-litigation mediation as soon as possible, define the scope of family cases to be mediated, standardize the mediation organizations, and scientifically design the procedure for coordinating family cases mediation and court trial, so as to smoothly and properly resolve the family cases.