对人民调解原则作为民事诉讼基本原则的质疑

Challenges on the Practice of Regarding the Principle of People's Mediation as the Basic Principle of Civil Procedures

人民调解原则在 1982年的民事诉讼法 (试行 )以及 1991年修改后的民事诉讼法中均被规定为民事诉讼法的基本原则。通过对人民调解历史发展脉络的梳理 ,以人民调解与民事诉讼基本原则属性的一一比照和阐述人民调解原则作为民事诉讼法原则同法院调解原则的重叠和冲突 ,并展望了人民调解未来的发展趋势。

The Principle of People's Mediation has long been regarded as the basic principle both by Law of Civil Procedure (Trial) (1982)and revised Law of Civil Procedure (1991). By exploring the history of people's mediation system and comparing and contrasting the natures of people's mediation and that of the basic principle of civil procedure, this paper presents the overlappings and conflicts between the principles of people's mediation and the court's mediation and raises doubts about the practice of using people's mediation as the basic principle of civil procedures. The author finally predicts the tendency of people's mediation in the future.