台湾诉讼和解与大陆法院调解之比较

The Comparison of Taiwan Lawsuit Reconciliation and Mainland Court Mediation

中国台湾与大陆同属中华文化,法律思想与制度方面有诸多相似之处,台湾诉讼和解与大陆法院调解都源自和为贵的理念。台湾诉讼和解在性质、要件、程序、效力、救济等方面亦有不同于大陆法院调解的特色。两者在司法实践中都遇到了法院过度干预所带来的以判压和、以判压调等不良现象。要充分发挥两者的解纷功能,就应努力在当事人自主、自愿与法院职权主导之间找到一个平衡点。两者的比较分析可以为我们重新审视和谐社会下的法院调解制度带来有益的启示。

Chinese Taiwan and Mainland are both of Chinese culture, which has commonplace in legal thought and system. Taiwan lawsuit reconciliation and Mainland court mediation are all derived from the idea that harmony is important. Taiwan lawsuit reconciliation also has its own characteristics which are different from Mainland court mediation on the nature,the constitutive elements, the procedure, the potency and the relief. The two also have faced the bad phenomenon of suppressing reconciliation or mediation by judgment in judicial practice. To fully display the function of resolving disputes, a balance point of the litigants’ independence and the courts’power should be found. The comparative analyses of the two may bring us beneficial enlightenment in carefully re - examining Mainland court mediation system under harmonious society.