“三调联动”矛盾纠纷化解机制的传统渊源

Traditional Origins of Dispute Resolution Mechanism of "Three Mediation Linkage"

古代官民调解联动解纷方式是"三调联动"事实上的传统渊源:行政调解与司法调解联动在古代表现为州县中的州县官调解;公安机关委托调解、法院委派委托调解与古代的"官批民调"相似;司法局(所)对人民调解协议的行政确认、法院对人民调解协议的司法确认与古代官府确认民调协议、在诉讼中采纳民调意见等做法相似;国家机构与民间组织的各种联合调解与古代官民共同调解相似。"三调联动"诸多因素的古今相似反映出国家与民间调解联动解纷具有某种规律性,这一规律的根本机理在于社会和谐的共同追求、化解疑难纠纷中情理法的综合适用。

The approach of ancient mediation linkage between officials and people is the traditional origins of ＂three mediation linkage＂ in fact, such as： The linkage of administrative mediation and judicial mediation in ancient times manifested as the county magistrates mediation. The public security organs entrusted mediation and the court appointed the entrusted mediation have similarities in ancient ＂official approval and civil mediation＂. The administrative confirmation of the people＇s mediation agreement by the judicial bureau（institute） and the judicial confirmation of the people＇s mediation agreement by the court have similarities in ancient official government confirmation of the people＇s mediation agreement and adoption of opinions of the people＇s mediation agreement in the lawsuit. The all kinds of joint mediations between the national institutions and the civil organizations have similarities in ancient common mediation of official government and the people.The similarities between the ancient and the modern times of the ＂three mediation linkage＂ reflected that the linkage between national mediation and civil mediation has some regularity, the fundamental mechanism of this rule is the common pursuit of social harmony, and the aim of comprehensive application of reason and law is to resolve difficult disputes.