论家事审判改革中的法院调解制度——兼谈其在以审判为中心改革下的定位

On the Court Mediation System in Family Trial Reform——Talk about Its Position under the Reform of the Trial as the Center

综合运用文献研究等方法分析后可知,法院调解制度势必会成为此次家事审判改革的"焦点"。而民事诉讼中以审判为中心的诉讼制度改革目的是要阻止调解中心主义趋势的蔓延,法院调解制度便成为这两大改革的交汇点。然而,家事审判改革中的法院调解制度并不是万能的,自身运行存在效率低下、缺乏规范性等诸多问题。因此,法院调解制度应以审判为中心改革的要求要"降温"的同时,还要特别警惕家事审判改革中调解制度的"复兴"。通过缩小法院调解的适用范围,提高调解质量,规范调解程序,以调审分离为出发点,从人员选拔、立法完善、配套机制、诉前程序等多个方面建构完善科学的法院调解制度。

Combined with the pilot situation and comprehensive analysis of literature research,we can see that the court mediation system will become the focus of the family trial reform. The purpose of litigation system reform in civil litigation is to prevent the spread of mediation centralism. Therefore,the court mediation system has become the intersection of the two reforms. However,the court mediation system in the reform of the trial of family affairs is not omnipotent,and there are many problems,such as low efficiency and lack of standardization in its own operation.Therefore,the court mediation system should be"cool down"with the requirement of reform centered on trial. Meanwhile,we should be especially vigilant for the revival of mediation system in family trial reform. we should narrow the scope of application of court mediation,improve the quality of mediation,and regulate mediation procedure,Taking the Separation of mediation and trial as the starting point,we should improve the scientific construction of the court mediation system from the aspects of personnel selection,legislation,supporting mechanism,pretrial procedure.